Cotten v. Bradley
Supreme Court of Alabama
Appeal from the Circuit Court of Jackson. Tried before the Hon. S. D. Hale. The complaint in this case was in the following wordsiH Joseph C. Bradley 1 ' 1 ‘ms of the deEdward Cotten. , n foreign bill of exchange, which was drawn by David Larkin, dated Larvs. hundred dolkinsville, Alabama, April 21, 1855, on Messrs.
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Appeal from the Circuit Court of Jackson. Tried before the Hon. S. D. Hale. The complaint in this case was in the following wordsiH Joseph C. Bradley 1 ' 1 ‘ms of the deEdward Cotten. , n foreign bill of exchange, which was drawn by David Larkin, dated Larvs. hundred dolkinsville, Alabama, April 21, 1855, on Messrs. Bradley, Wilson & Co., New Orleans, La., for the payment of twenty-seven hundred dollars, four months after the date thereof, to the defendant, by whom it was endorsed to William R. Larkin, who endorsed it to Dillard & Ledbetter, who endorsed it to the plaintiff; and said bill,…
1Opinion of the CourtA. J. Walker, C. J.
The payment of a, bill of exchange, by an endorser to his endorsee, does not extinguish the bill, as between the endorser, who makes the payment, and the parties who stand before him in the order of liability. — Story on Bills, 541, § 422; Byles on Bills, m. pp. 174, 175, 176, 184; Chitty on Bills, m. p. 424, note 3 ; Kirksey v. Bates, 1 Ala. 303; Edwards on Bills, 534; Earbee v. Wolfe & Clark, 1 Ala. 366 ; Wallace v. Branch Bank of Mobile, 1 Ala. 565; Herndon v. Taylor, 6 Ala. 461; United; States v. Barker, 1 Paine, 161; Picquet v. Curtis, 1 Sumner, 478 ; Bell v. Morehead, 1 Marsh, 158; 3…
2Cases cited6 opinions
- Wallace v. Branch BankSupreme Court of Alabama · 1840
- Herndon ex rel. Woodward v. TaylorSupreme Court of Alabama · 1844
- Kirksey v. BatesSupreme Court of Alabama · 1840
- Callahan v. M'AlexanderSupreme Court of Alabama · 1840
- Greene v. TimsSupreme Court of Alabama · 1849
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3Cited by2 opinions
- Nix v. ScharnagelSupreme Court of Alabama · 1925
- May v. LewisSupreme Court of Alabama · 1867