Legal Opinion

Hailey v. Falconer

Supreme Court of Alabama

Decided January 15, 1858PublishedCited by 19 opinions

[ASSUMPSIT ON PBOJÍISSORY NOTE, BY ENDORSEE AGAINST ENDORSER.] Appeal from the Circuit Court of Montgomery. Tried before the Hon. JoHN Gill Shorter. This action was brought by John P. Hailey, against William Falconer, and was founded on the defendant’s endorsement of a promissory note for $800, made by one F. A. Wingfield, dated Shreveport, La., February 22, 1850, and payable on the 1st November next after date, to defendant or order.

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[ASSUMPSIT ON PBOJÍISSORY NOTE, BY ENDORSEE AGAINST ENDORSER.] Appeal from the Circuit Court of Montgomery. Tried before the Hon. JoHN Gill Shorter. This action was brought by John P. Hailey, against William Falconer, and was founded on the defendant’s endorsement of a promissory note for $800, made by one F. A. Wingfield, dated Shreveport, La., February 22, 1850, and payable on the 1st November next after date, to defendant or order. The endorsement, which was also made and dated at Shreveport, was in these words: “For veilue received this 28th day of February, 1850,1 transfer unto John P.…

1Opinion of the CourtRice, C. J.

The endorsement here relied on by the plaintiff is not in' the common form, bnt substantially' different therefrom. It is not blank in the form of it, but completed by the endorser himself. The main question is, what is its character and effect.

A qualified endorsement is one which does not affect “ the negotiability of the instrument, but simply qualifies the duties, obligations and responsibilities of the endorser, resulting from the general principles of law.” Any words in an endorsement, which clearly demonstrate the intention of the endorser to make it a qualified one, will have the…

2Cases cited1 opinion

  1. Lyman v. ClarkMassachusetts Supreme Judicial Court · 1812

3Cited by19 opinions

  1. Evans v. Freeman.Supreme Court of North Carolina · 1906
  2. Bankhead v. OwenSupreme Court of Alabama · 1877
  3. Hughes v. StateSupreme Court of Alabama · 1860
  4. Hatch v. BarrettSupreme Court of Kansas · 1885
  5. First Valley Bank v. First Savings & Loan Ass'n of Central IndianaIndiana Court of Appeals · 1980

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