Legal Opinion

Givens v. Western Bank of Georgia

Supreme Court of Alabama

Decided January 15, 1841PublishedCited by 4 opinions

Error to Benton Circuit Court. This was an action instituted in the Court below by the Bank, against the defendants in error, as endorsers of a note to the following eifect. , Rome, ll July, 1838. Eightv-nine days after date, I promise to pay to the order of Edward Givens, three thousand and twenty-eight dollars and forty-four cents at the Western Bank of Georgia, value received. ROBERT L. LANE. The note was endorsed by Givens to Herndon, and by him to the plaintiff.

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Error to Benton Circuit Court. This was an action instituted in the Court below by the Bank, against the defendants in error, as endorsers of a note to the following eifect. , Rome, ll July, 1838. Eightv-nine days after date, I promise to pay to the order of Edward Givens, three thousand and twenty-eight dollars and forty-four cents at the Western Bank of Georgia, value received. ROBERT L. LANE. The note was endorsed by Givens to Herndon, and by him to the plaintiff. The declaration contains six counts, to each of which there was a demurrer; which was sustained as to all the counts, except…

1Opinion of the CourtOrmond, J.

— The principal question arising on this record, and argued at the bar, is, whether the defendants, who were separate endorsers, can be sued jointly. The affirmative of this proposition is maintained by the counsel for the plaintiffs in error, in virtue of a law of Georgia, by which the Western 3ank of Georgia, the plaintiff in this action, was incorporated.

The statute is averred in the declaration, as an excuse for the failure to make demand and give notice ; and as authority thus io sue; and was also given in evidence. That portion of it which is material to the present enquiry, is to the…

2Cited by4 opinions

  1. McDougald's Adm'r v. RutherfordSupreme Court of Alabama · 1857
  2. Lawson v. JeffriesMississippi Supreme Court · 1873
  3. Guernsey v. Imperial Bank of CanadaCourt of Appeals for the Eighth Circuit · 1911
  4. Howze v. PerkinsSupreme Court of Alabama · 1843

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