Hagerthy v. Bradford
Supreme Court of Alabama
Error to the Circuit Court o" Montgomery. Assumpsit by Bradford, as the indorsee against Hagerthy as the indorser of a promissory note, made by one Pou, dated first July, 1838, payable twelve months after date for $1100, to Harbin & Harris, and by'them indorsed to the defendant, who indorsed it to one Williams, who indorsed it to the plaintiff.
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Error to the Circuit Court o" Montgomery. Assumpsit by Bradford, as the indorsee against Hagerthy as the indorser of a promissory note, made by one Pou, dated first July, 1838, payable twelve months after date for $1100, to Harbin & Harris, and by'them indorsed to the defendant, who indorsed it to one Williams, who indorsed it to the plaintiff. The parties went to trial on an agreement that the plaintiff might file a declaration in the usual form, on the indorsement, with the common counts; also, under which the parties respectively should be permitted to prove any matter on the trial which…
1Opinion of the CourtGoldthwaite, J.
1. The suit which the assignee of notes, not negotiable as commercial paper, is required to commence against the maker at the first court to which he can be sued, in the county of his residence, (Dig. 383, $ 12,) has always been understood to have the same relation to the indorser’s liability, as demand and notice has, when the pader is negotiable, or commercial. [Ryland v. Bates, 4 Ala. Rep. 343.] From the very nature of this contract, by the *571indorser, there must be many exceptions to the rule provided by the statute, but we are not aware, that the fact of a set off against the payee, who is…
2Cases cited2 opinions
- Adm'r of Gee v. Williamson ex rel. NicholsonSupreme Court of Alabama · 1835
- Gee v. NicholsonSupreme Court of Alabama · 1830
3Cited by6 opinions
- Long v. RogersSupreme Court of Alabama · 1850
- Johnson v. CollinsSupreme Court of Alabama · 1850
- Donovan v. South & North Ala. RailroadSupreme Court of Alabama · 1885
- Marlatt v. Clary & LatimerSupreme Court of Arkansas · 1859
- Louisville & N. R. R. v. CorneliusSupreme Court of Alabama · 1913
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