Dunn v. Adams, Parmeter & Co.
Supreme Court of Alabama
Error to the Circuit Court of Chambers County. ASSUMPSIT by the defendant in error, against the plaintiff in error, on the indorsement of two promissory notes, made and indorsed at Augusta, in the State of Georgia, and negotiable and payable, at the Branch Bank atEatonton, in that State The declaration is in the usual form against an indorser of a promissory note, negotiable by the law merchant; and avers a presentment for payment at the bank where the note was payable, on…
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Error to the Circuit Court of Chambers County. ASSUMPSIT by the defendant in error, against the plaintiff in error, on the indorsement of two promissory notes, made and indorsed at Augusta, in the State of Georgia, and negotiable and payable, at the Branch Bank atEatonton, in that State The declaration is in the usual form against an indorser of a promissory note, negotiable by the law merchant; and avers a presentment for payment at the bank where the note was payable, on the last day of grace, a refusal to pay, and that notice of tlie dishonor of the note, was given on the same day, to the…
1Opinion of the CourtOrmond, J.
— The question raised by the demurrer to the declaration, is, whether an action can be maintained, by the indorsee of a promissory note, payable and negotiable at a bank *529beyond the limits of the State, against the indorser, without bringing suit against the maker to the first court of the county in which he resides, to which suit can be brought; the indorsement having been made beyond the limits of the State.
This contract was made in the State of Georgia, and by the law of that State, must the rights of the parties to it be ascertained. There is no proof what the law of Georgia is, or whether…
2Cases cited2 opinions
- Curry v. Bank of MobileSupreme Court of Alabama · 1839
- Roberts v. State BankSupreme Court of Alabama · 1839
3Cited by8 opinions
- McDougald's Adm'r v. RutherfordSupreme Court of Alabama · 1857
- Sloss v. GlazeSupreme Court of Alabama · 1935
- Murphy v. CollinsMassachusetts Supreme Judicial Court · 1876
- Huse v. HamblinSupreme Court of Iowa · 1870
- Nichols' Ex'r v. PorterWest Virginia Supreme Court · 1867
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