John v. City National Bank
Supreme Court of Alabama
Appeal from Dallas Circuit Court. Tried before Hon. George H. Craig. This was an action brought by the appellee, The City National Bank of Selma, against the appellant, Si W. John, to recover the amount of a certain draft, on which John was endorser. The ■ case was tried on a plea of non assumpsit and a special plea setting up that defendant was only an accommodation endorser for one M. J. Saffold, and no notice of its dishonor had been given him.
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Appeal from Dallas Circuit Court. Tried before Hon. George H. Craig. This was an action brought by the appellee, The City National Bank of Selma, against the appellant, Si W. John, to recover the amount of a certain draft, on which John was endorser. The ■ case was tried on a plea of non assumpsit and a special plea setting up that defendant was only an accommodation endorser for one M. J. Saffold, and no notice of its dishonor had been given him. On tbe trial tbe plaintiff introduced tbe bill of exchange, and offered to introduce tbe protest thereof. The defendant-objected to tbe protest as…
1Opinion of the CourtStone, J.
When this case came before this court at a former term, the record failed to show that the notary’s visit to defendant’s office was within business hours. — See John v. City National Bank of Selma, 57 Ala. 96. In that case the Circuit Court had instructed the jury, as matter of law, that the proof of notice was sufficient. The proof made in that case was, that before sunset on the day on which protest was made, the notary in person carried a written notice of protest to defendant’s law office; that he found no one there, and that the law office was closed and locked. Thereupon, without…
2Cases cited6 opinions
- Gindrat v. Mechanics' Bank of AugustaSupreme Court of Alabama · 1845
- John v. City National BankSupreme Court of Alabama · 1876
- Greene v. FarleySupreme Court of Alabama · 1852
- Philipe v. HarberleeSupreme Court of Alabama · 1871
- Tyson v. OliverSupreme Court of Alabama · 1869
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3Cited by1 opinion
- German Security Bank v. McGarrySupreme Court of Alabama · 1894