Mauldin v. Branch Bank at Mobile
Supreme Court of Alabama
This was a proceeding by notice, at the suit of the Bank against the plaintiff in error, in the County Court of Mobile. The notice sought to recover of the plaintiff, as surviving partner of Mauldin & Morgan, upon an endorsement alledged to have been by that firm, of a note negotiable and payable at the Bank; by which note, L. Rogers, as maker, on the 14th August, 1337, promised to pay Wm.
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This was a proceeding by notice, at the suit of the Bank against the plaintiff in error, in the County Court of Mobile. The notice sought to recover of the plaintiff, as surviving partner of Mauldin & Morgan, upon an endorsement alledged to have been by that firm, of a note negotiable and payable at the Bank; by which note, L. Rogers, as maker, on the 14th August, 1337, promised to pay Wm. Taylor, or order, four months after date, two thousand five hundred and fifty hundredths dollars, for value received. The defendant below, pleaded, 1. «ora-assumpsit. 2. “That the endorsement on which he is…
1Opinion of the CourtCollier, C. J.
— The assignment of error lead us to. inquire, first: Did the County Court err in striking out the second plea of the defendant. Second : Were the instructions to the jury conformable to law!; and, Third: Were the instructions prayed properly refused.
First. By the third section of the act of IS II; “regulating judicial proceedings in certain cases, and for other purposes.” It is enacted, that it shall not be lawful for the defendant in any suit, founded on any writing, whether under seal or not, to deny the execution of the same; unless it be by plea supported by the affidavit of the party…
2Cases cited5 opinions
- Laverty v. BurrNew York Supreme Court · 1828
- Mercein v. Andrus & MackNew York Supreme Court · 1833
- Bank of Kentucky v. BrookingCourt of Appeals of Kentucky · 1822
- Bristol v. SpragueNew York Supreme Court · 1832
- New-York Firemen Insurance Co. v. BennettSupreme Court of Connecticut · 1825
3Cited by27 opinions
- Grady v. RobinsonSupreme Court of Alabama · 1856
- Marks v. First National BankSupreme Court of Alabama · 1885
- Lang's Heirs v. WaringSupreme Court of Alabama · 1850
- Joseph, Gaboury & Co. v. Southwark Foundry & Machine Co.Supreme Court of Alabama · 1891
- Jemison & Sloan v. Dearing's ExecutorsSupreme Court of Alabama · 1867
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