Tarver's Ex'rs v. Boykin
Supreme Court of Alabama
Whit of error to the Circuit Court ofRusselL- This was' an action of assumpsit on a promissory note, made by Douglass & Clark, on the 14th March, 1840, by which they promised to pay to the order of the testator the sum of twenty-eight hundred and thirteen'G4-100 dollars, on the first day of January next thereafter, at the bank of Columbus.
Read the full summary
Whit of error to the Circuit Court ofRusselL- This was' an action of assumpsit on a promissory note, made by Douglass & Clark, on the 14th March, 1840, by which they promised to pay to the order of the testator the sum of twenty-eight hundred and thirteen'G4-100 dollars, on the first day of January next thereafter, at the bank of Columbus. The declaration avers the endorsement of the note by the testator, in his-lifetime, to the plaintiff below, its presentment to the bank for payment on the fourth day of January, 1841, its non-payment by the bank or the plaintiff, and a notice thereof to the…
1Opinion of the CourtCollier, C. J.
This cause was submitted without brief or argument indicating the legal questions proposed to be raised; and we are at loss to perceive even the semblance of error in the judgment of the circuit court. To disprove the first plea, it was only necessary for the plaintiff to produce the note declared on, with the indorsement of the payee, and to show that it was duly presented at the place appointed for its payment, prove its non-payment, and that the defendants were seasonably advised thereof, either by personal notice or through the medium of the post office. Upon the second plea, it was not…
2Cited by2 opinions
- Pond v. LockwoodSupreme Court of Alabama · 1845
- Harrison v. MahornerSupreme Court of Alabama · 1848