Brennan v. Carl Vogt & Son
Supreme Court of Alabama
Appeal from Jefferson Circuit Court. Tried before Hon. James B. Head. Action by payee of a promissory note payable on 31 day of July, 1890, at a bank against the endorser.
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Appeal from Jefferson Circuit Court. Tried before Hon. James B. Head. Action by payee of a promissory note payable on 31 day of July, 1890, at a bank against the endorser. On the trial the defendant objected-to the introduction in evidence of the note and the certificate of protest, but assigned no specific ground of objection. insisted that*the protest was made one day too late, citing Donegan v. Wood, 49 Ala. 252; Brotan v. Turner, 11 Ala. 752; Bradley v. Bank, 60 Ala. 252 ; that the certificate oí the notary is insufficient to charge indorser, Hives v. Parmley, 18 Aia. 256; Bank v.…
1Opinion of the CourtColeman, J.
— The defendant, Brennan was sued as an indorser, of a promissory note payable in bank. His liability must be determined by the commercial law.
The case was tried by the court without the intervention of a jury, and judgment rendered for the plaintiff. The note was dated February 20, 1890, and made payable on July 31st after date. The certificate of protest shows that demand was made at the bank where the note was made'payable on the 4th of August after date, and notice of protest mailed to the indorser on the same date, directed to Mm at Birmingham, Ala.
The first contention is, that the…
2Cases cited1 opinion
- Johnson v. BeardSupreme Court of Alabama · 1890
3Cited by3 opinions
- Huddleston v. Humble Oil & Refining Co.Supreme Court of Alabama · 1954
- German Security Bank v. McGarrySupreme Court of Alabama · 1894
- American Ry. Express Co. v. BaerSupreme Court of Alabama · 1922