Legal Opinion

St. John v. Garrow

Supreme Court of Alabama

Decided June 15, 1836PublishedCited by 10 opinions

Samuel fu. Johsa, jr. decís?.red in Mobile Circuit Court, against Samuel EL GLutow, as indorser of a bill of exchange. The defendant relied upon non-assrauRii, n:i;i the plea of the statute of limitations; and under these pleas, the jury found a verdict for the clofenuant.

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Samuel fu. Johsa, jr. decís?.red in Mobile Circuit Court, against Samuel EL GLutow, as indorser of a bill of exchange. The defendant relied upon non-assrauRii, n:i;i the plea of the statute of limitations; and under these pleas, the jury found a verdict for the clofenuant. On the trial of die cause, the plaintiff produced and read in evidence the bill of exchange, declared on, and preved protest for non-payment,, demand of acceptance, refusal, and notice to defendant; and to take the case out of the statute of limitations, he introduced a wiinm, who testified, that in repeated conversations…

1Opinion of the CourtHopkins, J.

— This was an action of assumpsit,-brought by the plaintiff against the defendant as an indorser of a bill of exchange, dravvn on the nine-' teenth day of February, eighteen hundred and twenty-five, at ten days’ sight, presented to the drawee, for acceptance, which he refused to make, on the twenty-fourth of March, in the same year, and protested for non-payment, on the sixth of April afterward.

Upon the trial of the plea of non-assumpsit in the *225Circuit Court of Mobile County, the plaintiff proved every thing that was necessary; and to support the issues which he had taken to the pleas of the…

2Cited by10 opinions

  1. Pearson v. DarringtonSupreme Court of Alabama · 1858
  2. Watkins v. StevensNew York Supreme Court · 1848
  3. M'Gehee v. GreerSupreme Court of Alabama · 1838
  4. Newhouse & Co. v. RedwoodSupreme Court of Alabama · 1845
  5. Philips v. PetersNew York Supreme Court · 1855

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