Winter v. Coxe
Supreme Court of Alabama
Appeal from the Circuit Court of Montgomery. Tried before the Hon. F. Bugbee. This action was brought by Bichard Coxe, against Jos. 5. Winter; was commenced on the 13th October, 1857; and was founded on a promissory note, of which the following is a copy.
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Appeal from the Circuit Court of Montgomery. Tried before the Hon. F. Bugbee. This action was brought by Bichard Coxe, against Jos. 5. Winter; was commenced on the 13th October, 1857; and was founded on a promissory note, of which the following is a copy. “$330.17. Montgomery, December 29, 1854. On the first day of January, 1856, we promise to pay, to the order of J. S. Winter, three hundred and thirty 17-100 dollars, value received, at the office of the Montgomery Insurance Company. “For the Winter Iron Works, by J. S. Winter, Agent.” The original complaint contained a single count, which…
1Opinion of the CourtByrd, J.
1. The counsel argue, that the first count is against the appellant as maker of the note. In our opinion, each count is against him as endorser thereof. We cannot take judicial notice of the fact, if it is one, that the Montgomery Insurance Company, or its office, was a banking-house within the meaning of sections 1525 and 1543 of the Code ; and the excuse alleged for non-compliance with the latter section is not one recognized by law.—Code, § 1546. The demurrer to the first count should have been sustained. There are authorities, as argued by the counsel for appel*213lee, which sustain the…
2Cases cited5 opinions
- Farnum v. FowleMassachusetts Supreme Judicial Court · 1815
- Roney's Adm'r v. WinterSupreme Court of Alabama · 1861
- Armstrong v. MastenNew York Supreme Court · 1814
- Smyth v. Strader, Perrine & Co.Supreme Court of Alabama · 1839
- State v. PhillipsSupreme Court of Alabama · 1841
3Cited by2 opinions
- O'Neal v. ClarkSupreme Court of Alabama · 1934
- First State Bank of Laramie v. Rock Creek Producers Oil Co.Wyoming Supreme Court · 1926