Branch Bank v. Douglass
Supreme Court of Alabama
Writ of Error to the County Court of Morgan. Motion by the Bank, to have judgment against Douglass for the amount of a promissory note dated at Florence, Ala. October 14, 1840, payable to the Bank six months after its date, for $802 80, executed by one Bromley as principal, and by Douglass and one Carrol as sureties.
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Writ of Error to the County Court of Morgan. Motion by the Bank, to have judgment against Douglass for the amount of a promissory note dated at Florence, Ala. October 14, 1840, payable to the Bank six months after its date, for $802 80, executed by one Bromley as principal, and by Douglass and one Carrol as sureties. The defendant pleaded — 1. Non assumpsit. 2. Actio non, because he says that he, the defendant, at the time of making, &c. to wit: on the 14th. day of October, 1840, was a member of the General Assembly of the State of Alabama, to wit: a member of the House of Representatives of…
1Opinion of the CourtGoldthwaite, J.
1. Our attention has not been specifically called by the counsel on either side to the enactments supposed to bear on this cause; but we presume the tenth section of the charter of the Decatur Branch, and the act of 1840, are those referred to. The first of these provides, that’ “it shall not be lawful for the President,'directors, or cashier, or other officer of said Branch Bank, or any member of the general assembly, to become indorsers for each other, or any. other person or persons, to the said Branch Bank.” [Dig. 96, § 10.] The other directs — 4.'That “it shall-no.t,be.lawful for any…
2Cases cited2 opinions
- Bates v. Bank of the StateSupreme Court of Alabama · 1841
- Bates v. Branch Bank at MobileSupreme Court of Alabama · 1841