Ford v. Branch of the Bank of Alabama at Decatur
Supreme Court of Alabama
Writ of error to the Circuit Court of Morgan county. Motion for judgment by the Bank, against Ford, Wise and Sherrod, as the several endorsers of a bill of exchange described in the notice. When the cause was at trial, the Bank, for the purpose of ■showing the jurisdiction, of the court, proposed that the president thereof should make the usual certificate, that the bill of exchange sued on, was a debt, really and bona fide, the property of the said Bank.
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Writ of error to the Circuit Court of Morgan county. Motion for judgment by the Bank, against Ford, Wise and Sherrod, as the several endorsers of a bill of exchange described in the notice. When the cause was at trial, the Bank, for the purpose of ■showing the jurisdiction, of the court, proposed that the president thereof should make the usual certificate, that the bill of exchange sued on, was a debt, really and bona fide, the property of the said Bank. And a certificate was then made and signed by the said president, purporting to be given in open court, of the same date as the day of…
1Opinion of the CourtColdthwaite, J.
1. The proposition by Rhea, and its acceptance by the Bank, does not amount to a contract to pay 20,000, or any other specific sum for the goods; and if there was any subsequent agreement between them, ascertaining how the goods and groceries should be sold, it is not brought to our view by the bill of exceptions. The mere acceptance of this proposition, or even the taking of the goods under it, was no dischai’ge to these parties. All that they have a right to require is, that the proceeds of the goods, when sold, should be faithfully applied to the discharge, pro rata, of the debts intended…
2Cited by1 opinion
- Vaughan v. Vaughan's HeirsSupreme Court of Alabama · 1857