Branch Bank at Mobile v. Tillman
Supreme Court of Alabama
Writ of Error to the County Court of Sumter. This was an action of assumpsit, at the suit of the plaintiff in error, on two promissory notes, payable and negotiable at the Branch of the Bank of the Stata of Alabama at Mobile, which the declaration alledges to be lost, but still due and unpaid.
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Writ of Error to the County Court of Sumter. This was an action of assumpsit, at the suit of the plaintiff in error, on two promissory notes, payable and negotiable at the Branch of the Bank of the Stata of Alabama at Mobile, which the declaration alledges to be lost, but still due and unpaid. A bill of exceptions was sealed at the instance of the plaintiff, from which it appears that the court refused to admit any secondary evidence of the notes, because an affidavit, such as the statute requires, was not made of their loss. Whereupon the plaintiff took a non-suit, and excepted to the ruling…
1Opinion of the CourtCollier, C. J.
Mr. Greenleaf,.inthe section which the counsel have cited, says, if a bill or other negotiable security be lost, there can be no remedy upon it at law, unless it was in such a state when lost, that no person but the plaintiff could have acquired a right to sue thereon. Otherwise the defendant would be in danger of paying it twice, in case it has been negotiated. Therefore, wherever the danger of a double liability exists, as in the case of a bill or note, either actually negotiated in blank, or payable to bearer, and lost or stolen, the claim of the indorsee or former holder has been…
2Cited by8 opinions
- Herndon v. GivensSupreme Court of Alabama · 1849
- Lawson v. StacyWisconsin Supreme Court · 1892
- Wuerth v. FrohlichMichigan Supreme Court · 1930
- Bank of Commerce v. HoeberMissouri Court of Appeals · 1879
- Bank of Mobile v. Meagher & Co.Supreme Court of Alabama · 1859
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