Legal Opinion

Carlisle v. Hill

Supreme Court of Alabama

Decided June 15, 1849PublishedCited by 16 opinions

Error to the Circuit Court of Dallas. Tried before the Hon. Geo. W. Stone. This was an action by the plaintiff against the defendant in error as the drawer of a bill of exchange for $5,500, drawn on and accepted by William Bower & Co., in favor of A. W. Coleman, and by him endorsed, payable at the Bank of Mobile.

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Error to the Circuit Court of Dallas. Tried before the Hon. Geo. W. Stone. This was an action by the plaintiff against the defendant in error as the drawer of a bill of exchange for $5,500, drawn on and accepted by William Bower & Co., in favor of A. W. Coleman, and by him endorsed, payable at the Bank of Mobile. The material facts disclosed by the bill of exceptions are, that the plaintiff lent William Bower & Co. $4,500, and received the bill of exchange in suit, dated on the same day, and payable nine months after date. It appears by the pro of, that Hill & Coleman were in the habit from…

1Opinion of the CourtChilton, J.

This was an action of assumpsit by the plaintiff in error against the defendant as the drawer of a bill of exchange, for the sum of five thousand five hundred dollars, drawn on William Bower & Co. and by them accepted, payable to A. W. Coleman or order, at the Bank of Mobile, and by him endorsed to the plaintiff. Many special pleas were interposed by the defendant, avering among other things fraud in the execution of the bill — want of consideration, usury, &c., but as no question arises upon the pleadings, it will be unnecessary to state them more particularljc

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2Cases cited5 opinions

  1. Saltmarsh v. TuthillSupreme Court of Alabama · 1848
  2. Saltmarsh v. P. & M. BankSupreme Court of Alabama · 1848
  3. Chilton v. Robbins, Paynter & Co.Supreme Court of Alabama · 1842
  4. Phillips v. McGrewSupreme Court of Alabama · 1848
  5. Nabors v. CampSupreme Court of Alabama · 1848

3Cited by16 opinions

  1. Schneider v. SellersTexas Supreme Court · 1905
  2. Ward v. ReynoldsSupreme Court of Alabama · 1858
  3. Birmingham Railway, Light & Power Co. v. MurphyAlabama Court of Appeals · 1911
  4. Capital City Insurance v. QuinnSupreme Court of Alabama · 1883
  5. McCall v. RogersSupreme Court of Alabama · 1884

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