Sprague v. Zunts
Supreme Court of Alabama
Error to the Circuit Court of Mobile. Tried before the Hon. John Bragg. 1. Brodnax, Newton Sr Co. were the acceptors of the draft sued on. Brodnax, one of the acceptors, affirmed the genuineness of the signatures upon it, in delivering it for sale to the broker. His firm could not contest the signatures of the other parties. They were estopped by his act. — 2 G. '& Johns. 296; 2 Bing. N. C., 544; Chitty on Bills, 634; 10 B. & C. 468; Chitty on Bills, 631, note n., 636 notes.
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Error to the Circuit Court of Mobile. Tried before the Hon. John Bragg. 1. Brodnax, Newton Sr Co. were the acceptors of the draft sued on. Brodnax, one of the acceptors, affirmed the genuineness of the signatures upon it, in delivering it for sale to the broker. His firm could not contest the signatures of the other parties. They were estopped by his act. — 2 G. '& Johns. 296; 2 Bing. N. C., 544; Chitty on Bills, 634; 10 B. & C. 468; Chitty on Bills, 631, note n., 636 notes. This court in 1 Stew. 354, has decided that the transferer of a note warrants its genuineness. 2. There is nothing to…
1Opinion of the CourtDaegan, C. J.
This suit was brought against the plaintiffs in -error, as acceptors of a bill of exchange for three thousand dollars, drawn by Wm. T. Stone, in favor of T. W. Brodnax, on the £rm of Brodnax, Newton & Co. Tbe bill purported to be endorsed by tbe payee, .and accepted by Brodnax, Newton & Co. Judgment was rendered against Winston by. default, but Sp.'sgue filed a plea, putting in issue tbe acceptance of tbe bill, as well as the drawing and the endorsement thereof by the parities, whose names appeared as drawer and endorser. On the *384trial, it was proved that the acceptance was in the hand-writing…
2Cases cited7 opinions
- Munn v. President & Directors of Commission Co.New York Supreme Court · 1818
- Nichols v. FearsonSupreme Court of the United States · 1833
- Cram v. HendricksCourt for the Trial of Impeachments and Correction of Errors · 1831
- Powell v. WatersNew York Supreme Court · 1819
- Mazuzan v. MeadNew York Supreme Court · 1839
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