Bank of Mobile v. Hall
Supreme Court of Alabama
EeRoe to the Chancery Court of Mobile. The bill was filed by the defendant in error, who alleges, that in 1835, he purchased certain premises in the city of Mobile from Solomon Andrews, for the sum of $20,000; for which he gave his four several promissory notes, payable in one, two, three and four years, to the order of Andrews, and payable and negotiable in Bank; and that Andrews, by his deed, covenanted that he had a good title, and that 'the premises were free from…
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EeRoe to the Chancery Court of Mobile. The bill was filed by the defendant in error, who alleges, that in 1835, he purchased certain premises in the city of Mobile from Solomon Andrews, for the sum of $20,000; for which he gave his four several promissory notes, payable in one, two, three and four years, to the order of Andrews, and payable and negotiable in Bank; and that Andrews, by his deed, covenanted that he had a good title, and that 'the premises were free from incumbaance. That he paid the sum of $6,000, as was due by his first note. That at the time of the conveyance, the property…
1Opinion of the CourtOrmond, J.
The notes of the defendant in error, out of which this controversy arises, being payable in Bank, are to be governed by the rules relating to inland bills of exchange; and being transferred by indorsement to the plaintiffs in error before they were due, and without notice of the equity now attempted *644to be sot up, the only question is, -whether the indorsees received them in the usual coarse of trade.
In Bay v. Coddington, [5 Johns.C. 54,] it was held, that receiving negotiable paper as a guaranty or indemnity against future responsibilities, as an accommodation indorser for the person from…
2Cases cited5 opinions
- Swift v. TysonSupreme Court of the United States · 1842
- Dubois v. HepburnSupreme Court of the United States · 1836
- Cullum v. Branch of the Bank of AlabamaSupreme Court of Alabama · 1842
- Wardell v. HowellNew York Supreme Court · 1832
- Brush v. ScribnerSupreme Court of Connecticut · 1836
3Cited by14 opinions
- Saltmarsh v. TuthillSupreme Court of Alabama · 1848
- Holt & Chambers v. BancroftSupreme Court of Alabama · 1857
- Ohio Life Insurance & Trust Co. v. LedyardSupreme Court of Alabama · 1846
- Boyd v. BeckSupreme Court of Alabama · 1857
- Andrews v. McCoySupreme Court of Alabama · 1846
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