Hullum v. State Bank
Supreme Court of Alabama
Error to the County Court of Tnskaloosa» This was a motion by the Bank against the defendant as endorser of a bill of exchange, drawn and accepted by R. Carothers and endorsed by Charles S. Patterson and Dennis Dent.
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Error to the County Court of Tnskaloosa» This was a motion by the Bank against the defendant as endorser of a bill of exchange, drawn and accepted by R. Carothers and endorsed by Charles S. Patterson and Dennis Dent. The evidence shows that on the 5ih day of July 1841, after the maturity of the bill, which had been duly protested for non-payment, the defendant went into, the Bank and asked for the bill, which was handed him with the protest, and the defendant then wrote his name across the back of said bill. This was done at the instance of Dennis Dent, one of the endorsers, but without any…
1Opinion of the CourtDargan, C. J.
It is said that a blank endorsement of a bill or note, made in the regular course of trade, is a contract defined and ascertained by law, and parol proof cannot be received to show a contract different from that which the law attaches to the act of endorsement. — Wilson v. Black, 6 Blackf. 509; Tankersly v. Graham, 8 Ala. 247. But we think it is settled beyond controversy, that if one write his name on the back of a bill or note, under such circumstances, that it cannot be considered as an endorsement in the usual course of trade, parol proof may be received to show the nature of the contract…
2Cases cited4 opinions
- Wilson v. BlackIndiana Supreme Court · 1843
- Tankersley v. GrahamSupreme Court of Alabama · 1845
- Milton v. DeYampertSupreme Court of Alabama · 1842
- Strong v. RikerSupreme Court of Vermont · 1844
3Cited by11 opinions
- Carter v. Long Bros.Supreme Court of Alabama · 1899
- Day v. ThompsonSupreme Court of Alabama · 1880
- Hamill v. McCallaSupreme Court of Alabama · 1934
- Alabama National Bank v. RiversSupreme Court of Alabama · 1896
- Pointer v. Farmers' Fertilizer Co.Supreme Court of Alabama · 1935
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