Marshall v. Bishop
Supreme Court of Alabama
Appeal from tbe Circuit Court of Barbour. Tried before the Hon. A. A. Evans. This was an action brought by the’ appellant, Mrs. E. C. Marshall, against the appellee, C. H. Bishop, to recover from the defendant, as endorser, an amount alleged to be due upon a note which was executed by one W. P. Long to the plaintiff, and which was endorsed by the defendant.
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Appeal from tbe Circuit Court of Barbour. Tried before the Hon. A. A. Evans. This was an action brought by the’ appellant, Mrs. E. C. Marshall, against the appellee, C. H. Bishop, to recover from the defendant, as endorser, an amount alleged to be due upon a note which was executed by one W. P. Long to the plaintiff, and which was endorsed by the defendant. In the complaint as last amended, it was averred that the note was not paid by the maker at maturity, and that on the day said note fell due, the plaintiff, through her agent, demanded payment thereof from the defendant, and that the…
1Opinion of the CourtMcCLELLAN, C. J.
There was evidence going to show that the endorser, the defendant here, expressly and unconditionally promised the payee to pay the note immediately after its maturity and from time to time thereafter. Direct testimony that these promises induced the payee to forego suit against the maker to the next ensuing term of the court was not offered, nor would it have been admissible; but it was open to inference and deduction by the jury-that the promises had this effect. So finding,' the case is brought within the exception provided by sub-div. 7 of § 894 of the Code of 1896; Brown v. Fowler, 133…
2Cases cited1 opinion
- Brown v. FowlerSupreme Court of Alabama · 1901