Isbell & Co. v. Lewis & Co.
Supreme Court of Alabama
ArPEAL from Talladega Circuit Court. Tried before tbe Hon. LeBoy F. Box. Tbe facts fully appear in tbe opinion of tbe court. 1. Tbe court, in its oral charge, assumed that McElderry bad a place of business in Talladega, while tbe record shows that there was evidence tending to show that be bad none; that be merely made tbe office of tbe Talladega Mercantile Company bis “headquarters.”
Read the full summary
ArPEAL from Talladega Circuit Court. Tried before tbe Hon. LeBoy F. Box. Tbe facts fully appear in tbe opinion of tbe court. 1. Tbe court, in its oral charge, assumed that McElderry bad a place of business in Talladega, while tbe record shows that there was evidence tending to show that be bad none; that be merely made tbe office of tbe Talladega Mercantile Company bis “headquarters.” Under that phase of tbe evidence the notice of protest sent through tbe mail was sufficient. — Morse on Banks, vol. 1, § 233; 1 Peters, 578; 1 Brick. Dig., p. 264, § 182; 3 Ban. Com. Pap., § 1276. 2. Tbe place…
1Opinion of the CourtMcCLELLAN, J.
This is an action by Isbell & Co. against D. L. Lewis and George T. McElderry, composing the partnership of D. L. Lewis & Co., on a promissory note executed by D. W. Bodgers & Co. to said Lewis & Co., and by the latter endorsed to plaintiffs before maturity for value. Isbell <& Co. is a partnership engaged in the business of banking in the city of Talladega. At the time of the maturity and dishonor of the note that place was the domicile— permanent residence—of McElderry, but Lewis, who also resided there when the note was. made and endorsed, had removed to Birmingham. The note was executed…
2Cases cited6 opinions
- Sice v. CunninghamNew York Supreme Court · 1823
- Kennon v. M'ReaSupreme Court of Alabama · 1838
- Rives v. ParmleySupreme Court of Alabama · 1850
- Tardy v. Boyd's adm'orSupreme Court of Virginia · 1875
- Agan v. M'ManusNew York Supreme Court · 1814
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Thompson v. HudginsSupreme Court of Alabama · 1896
- Carter v. OdomSupreme Court of Alabama · 1898