Mims v. Central Bank of Georgia
Supreme Court of Alabama
This was an action of Assumpsit brought by the defendant in error against the plaintiff in the Circuit Court of Macon, as the last indorser of a promissory note of the following tenor, viz : $>1,200. November, 24th, 1836. One hundred and eighty days after date I promise to pay to the order of W. Fleming, twelve hundred dollors, at the Central Bank of Georgia, for value received. [Signed] JAMES BUSSEY.
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This was an action of Assumpsit brought by the defendant in error against the plaintiff in the Circuit Court of Macon, as the last indorser of a promissory note of the following tenor, viz : $>1,200. November, 24th, 1836. One hundred and eighty days after date I promise to pay to the order of W. Fleming, twelve hundred dollors, at the Central Bank of Georgia, for value received. [Signed] JAMES BUSSEY. The declaration deduces the liability of the defendant from his indorsement, without alledging, either a presentment of the note for payment, or notice of non-payment. The defendan below…
1Opinion of the CourtCollier, C. J.
— The declaration in this case, if to be tested by the rules of pleading, applicable to suitors in general, is clearly defective. The contract of the indorser is conditional, depending upon the due presentation of the note to the maker, or its deposit on maturity, at the place where it was payable; and in the event of non-payment, prompt notice of its dishon- or. Such being the nature of the undertaking of the defendant below, it was incumbent upon the plaintiff, to show that the condition on which his liability depended, had been performed ; and being necessary to prove it at the trial, it…
2Cases cited1 opinion
- Holmes v. BroughtonNew York Supreme Court · 1833
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