McKenzie v. Clanton
Supreme Court of Alabama
Appeal from the Circuit Court of Tallapoosa. Tried before the Hon. S. D,. Hale. The complaint in this case was as follows •. u Albert B. Clanton \ The plain-tiff claims of the dews. Ifendantthe sum of nine hundred John McKenzie.
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Appeal from the Circuit Court of Tallapoosa. Tried before the Hon. S. D,. Hale. The complaint in this case was as follows •. u Albert B. Clanton \ The plain-tiff claims of the dews. Ifendantthe sum of nine hundred John McKenzie. J» and eighty-four dollars, by hill of exchange, dated Girard, Alabama, December 12, 1856,. due the 1st June, 1857, drawn by Horace King on, and accepted by the defendant, and payable at the Central-Bank of Alabama at Montgomery, on the 1st June, 1857,. to the order of the defendant, and by him endorsed; which bill has been protested for non-payment, with all interest…
1Opinion of the Court
RICE, C. J.—
The assignments of error in this case raise two- questions.
The first is, whether the payee and endorser of an inland bill of exchange, duly protested for non-payment, is relieved from the payment of damages, by fhe mere fact that the bill was addressed to, and accepted by him. We decide that in the negative.—Code, § 1537 ; Story on Bills of Exchange, §§ 108-111.
The second is, whether, in a suit on such bill against the endorser, the court can, without the intervention of a jury, render a final judgment by default against him, for the amount of the bill, with the interest and…
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