Cowles v. Townsend
Supreme Court of Alabama
Appeal from the Circuit Coujrt of Montgomery. Tried before the Hon. JOHN Gtll Shorter. This action -was brought by the appellees, and was founded on the appellant’s guaranty of a promissory note, which was endorsed on the note, in these words: “I guaranty payment of the within,” (signed,) “ George Cowles.”
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Appeal from the Circuit Coujrt of Montgomery. Tried before the Hon. JOHN Gtll Shorter. This action -was brought by the appellees, and was founded on the appellant’s guaranty of a promissory note, which was endorsed on the note, in these words: “I guaranty payment of the within,” (signed,) “ George Cowles.” The note was for $5Si 50. made by Eudler & Jlockwell, dated September 28, 1849, and payable eight months after date, to the order of the defendant, (not the plaintiffs, as stated in the former report, 31 Ala. 428,) at the office of- J. S. Winter & Co., Montgomery, Alabama. No pleas appear…
1Opinion of the CourtStone, J.
The note, on Mr. Cowles’ guaranty'of which this suit is based, is, on its face, payable 'at *Mn>nt-gS>mery,;.Akbama-f and is, therefore, as to its binding stipulations, .governed by the laws of Alabama.—Kittrell v. Evans, 33 Ala. 449. The letter of Townsend & M-illiken *80to Mr. Cowles, dated November '15th, 1849, and the reply of Mr. Cowles, dated December 1st, 1849, (both of which were in evidence, and are copied in the record,) show that Mr. Cowles executed the guaranty in the State of Alabama. His liability, then, must be governed by the laws of Alabama.
When this case was before in this…
2Cases cited2 opinions
- Townsend v. CowlesSupreme Court of Alabama · 1858
- Evans v. KittrellSupreme Court of Alabama · 1859
3Cited by4 opinions
- Ensley Lumber Co. v. LewisSupreme Court of Alabama · 1898
- McGarry v. NicklinSupreme Court of Alabama · 1895
- Steamboat Belfast v. Boon & Co.Supreme Court of Alabama · 1867
- Hall v. PerrymanSupreme Court of Alabama · 1868