Irvine v. Withers
Supreme Court of Alabama
In the County Court of Lauderdale county, James Irvine, administrator of Hugh Hagerty, brought an action of debt on a note which was as follows: “ On the first of January next, we or either of us, promise to pay to Hugh Hagerty, in New-Orleans, or bearer, to [at] the bouse of Bedford and Mackey, seventy weight dollars and twenty cents, value received, this 13th November, 1823. R. O. BENNETT, Seal. WM. F. WITHERS. Seal.
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In the County Court of Lauderdale county, James Irvine, administrator of Hugh Hagerty, brought an action of debt on a note which was as follows: “ On the first of January next, we or either of us, promise to pay to Hugh Hagerty, in New-Orleans, or bearer, to [at] the bouse of Bedford and Mackey, seventy weight dollars and twenty cents, value received, this 13th November, 1823. R. O. BENNETT, Seal. WM. F. WITHERS. Seal. The defendant pleaded payment and nil debet; on which issue was joined. At the trial, the defendant objected to the reading of the note without proof of a demand of payment in…
1Opinion of the Court
By JUDGE SAFFOLD.
The plaintiff contends that a demand was unnecessary in the suit against the maker of the note; or if ne-nessary, that the defect has been cured by the verdict.
The question whether the maker of a promissory note, or acceptor of a bill of exchange, being the original debtors, are unconditionally liable, notwithstanding á *236place of payment has been designated, or whether a demand is to be regarded as a condition precedent, appears to have been extensively agitated,- and have produced great contrariety' of decision in the English Courts.
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2Cases cited1 opinion
- Bank of United States v. SmithSupreme Court of the United States · 1826
3Cited by11 opinions
- Connerly & Co. v. Planter's & Merchants' InsuranceSupreme Court of Alabama · 1880
- Montgomery v. ElliottSupreme Court of Alabama · 1844
- Montgomery v. TuttCalifornia Supreme Court · 1858
- Battle v. WeemsSupreme Court of Alabama · 1870
- Evans v. GordonSupreme Court of Alabama · 1838
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