Fulford v. Johnson, Hendon & Co.
Supreme Court of Alabama
Error to the County Court of Marengo. Before the Hon. James A. Young, Judge. This was an action of assumpsit, by defendants, against the plaintiff in error, as the irregular indorser of a note, made by one Taylor, on the 1st February, 1842, for $50, in favor of Edward J. Rew, payable on the 1st day of March next after date. The common counts were added to the declaration, which contains four special counts on the indorsement.
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Error to the County Court of Marengo. Before the Hon. James A. Young, Judge. This was an action of assumpsit, by defendants, against the plaintiff in error, as the irregular indorser of a note, made by one Taylor, on the 1st February, 1842, for $50, in favor of Edward J. Rew, payable on the 1st day of March next after date. The common counts were added to the declaration, which contains four special counts on the indorsement. The first count, after setting out the making and indorsing of the note, avers, “ that afterwards, to wit, &c. in the county of Greene, in the State aforesaid, where the…
1Opinion of the CourtChilton, J.
In Jordan, use, &c. v. Garrett, 3 Ala. R. 610, it was held that an irregular indorsement on paper not mercantile, is not provided for by the act of 1828, and that the liability thereby created is, that the assignor is liable to pay the debt, if by the use of proper diligence, it cannot be obtained from the maker. It is also added, that the question .of diligence is one of fact, to be found by the jury, but that to *391constitute such diligence, the maker must be sued to the first court after the maturity of the note, unless some valid reason, such as the insolvency of the maker, excused it. This…
2Cases cited4 opinions
- Lee's Adm'rs v. FontaineSupreme Court of Alabama · 1846
- Bates v. RylandSupreme Court of Alabama · 1844
- Branch of the Bank of the State v. GaffneySupreme Court of Alabama · 1846
- Hall v. ChiltonSupreme Court of Alabama · 1842
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- Singleton, Hunt & Co. v. ThomasSupreme Court of Alabama · 1882
- Mobile Savings Bank v. McDonnellSupreme Court of Alabama · 1887
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- Peters v. HobbsSupreme Court of Arkansas · 1867