Stephenson v. Primrose
Supreme Court of Alabama
Error to the County court of Mobile. Assumpsit on a promissory note. This action was brought by the holder against an endorser, who pleaded the general issue, and a verdict was rendered, and judgment entered up against the defendant. . On the trial of the case, the plaintiff proved the note, endorsement and protest.
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Error to the County court of Mobile. Assumpsit on a promissory note. This action was brought by the holder against an endorser, who pleaded the general issue, and a verdict was rendered, and judgment entered up against the defendant. . On the trial of the case, the plaintiff proved the note, endorsement and protest. B. Stanton, one of the firm of Labuzan & Stanton, who were the last endorsers on the note, was then produced, on the part of the plaintiff, who proved that he anticipated the non-payment of the note, some days before its maturity, and in order to be able to fix the liability of…
1Opinion of the CourtCollier, C. J.
— The points made at the argument arise out of the bill of exceptions, and present these questions:
*158First. — Is the omission to give notice to an endorser, of the non-payment of a promissory note, excused by proof, that the holder, within the proper time after its dishonor, left a written or verbal notice at the endorser’s counting-room, or place of doing business, where all the parties reside in the same city?
Second. — If aa endorser has. secured himself by a mortgage or lien on the property of the maker, does he thereby waive his right to notice of a demand and refusal?
Third. — Can a room to…
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