Tiller v. Shearer
Supreme Court of Alabama
ERROR to tbe Circuit Court of Sumter. Tried before the Hon. Turner Reavis. Shearer brought an action of assumpsit against Tiller, in the Circuit Court of Sumter, on a note dated 20th October, 1848, payable to ¥m. Brown or order, on the 1st day of February, 1849. This note was made, on the day it bears date, in the State of Tennessee, and was subscribed by A. G. Lof-tin and Eldridge Loftin.
Read the full summary
ERROR to tbe Circuit Court of Sumter. Tried before the Hon. Turner Reavis. Shearer brought an action of assumpsit against Tiller, in the Circuit Court of Sumter, on a note dated 20th October, 1848, payable to ¥m. Brown or order, on the 1st day of February, 1849. This note was made, on the day it bears date, in the State of Tennessee, and was subscribed by A. G. Lof-tin and Eldridge Loftin. In June after the maturity of the note, Brown came to Livingston, in Sumter County, where the Loftins resided, to collect it. They failed to mate payment, and from information received by Brown, he was led…
1Opinion of the CourtD Argan, C. J.
I think the case of Hullum v. The State Bank, 18 Ala. 805, is conclusive to show that there is no error in the case before us. In that case Hullum put his name on the back of a bill of exchange, that was over due and had been protested, and the testimony tended to show that he had endorsed his name on the bill upon a sufficient consideration, and intended to assume the character and position of an endorser whose liability was fixed. A majority of this court, as it was then organized, held, after all the consideration we were able to bestow upon the question, that inasmuch as Hul-lum had by…
2Cases cited1 opinion
- Hullum v. State BankSupreme Court of Alabama · 1851
3Cited by3 opinions
- Alabama National Bank v. RiversSupreme Court of Alabama · 1896
- Clopton v. HallMississippi Supreme Court · 1875
- Price v. LavenderSupreme Court of Alabama · 1862