Stewart v. Russell
Supreme Court of Alabama
Appeal from the Circuit Court of Madison. Tried before the Hon. W. M. Brooks. This action was brought by Robert F. Russell, against William Stewart; was commenced on the 18th July, 1855 ; and was founded on a bill of exchange for $2,554 17, which was drawn by Robert Freeman, at Huntsville, Alabama, on the 6th February, 1854, on Bradley, Wilson & Co., at New Orleans, payable to John W. Weaver, by whom it was endorsed to the defendant, who endorsed it to the plaintiff.
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Appeal from the Circuit Court of Madison. Tried before the Hon. W. M. Brooks. This action was brought by Robert F. Russell, against William Stewart; was commenced on the 18th July, 1855 ; and was founded on a bill of exchange for $2,554 17, which was drawn by Robert Freeman, at Huntsville, Alabama, on the 6th February, 1854, on Bradley, Wilson & Co., at New Orleans, payable to John W. Weaver, by whom it was endorsed to the defendant, who endorsed it to the plaintiff. On the trial, as the bill of exceptions states, “for the purpose of showing that the plaintiff had discharged him from…
1Opinion of the CourtStone, J.
The testimony which tended to prove protest of the bill of exchange, which was the foundation of the present suit, was that of three witnesses, who produced what they testified was a copy of the protest. We are not informed that there was any conflict of the evidence on this point. The court charged the jury that'“the exhibit, (copy of the protest attached to the depositions,) “together with the depositions accompanying the same, was sufficient evidence, of themselves, of the protest of the bill here sued on.” The exhibit- does not appear to have been a certified copy, nor to have been…
2Cases cited8 opinions
- Henderson v. MabrySupreme Court of Alabama · 1848
- Hollingsworth v. MartinSupreme Court of Alabama · 1853
- Stokes v. JonesSupreme Court of Alabama · 1852
- Thompson v. StateSupreme Court of Alabama · 1857
- Williams v. ShackelfordSupreme Court of Alabama · 1849
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3Cited by4 opinions
- Shipp v. SheltonSupreme Court of Alabama · 1915
- Davidson v. State ex rel. WoodruffSupreme Court of Alabama · 1879
- Bynon v. StateSupreme Court of Alabama · 1897
- Rhodes v. LowrySupreme Court of Alabama · 1875