Long v. Gwin
Supreme Court of Alabama
Appeal from Bessemer City Court. Heard before Hon. James Trotter, Special Judge. Action by M. M. Gwin against B. H. Long and others, upon a bill single or promissory note. Judgment for plaintiff, and defendants appeal.
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Appeal from Bessemer City Court. Heard before Hon. James Trotter, Special Judge. Action by M. M. Gwin against B. H. Long and others, upon a bill single or promissory note. Judgment for plaintiff, and defendants appeal. The seventh plea of defendant Long is as follows : Plaintiff should not recover in this case against this defendant for that the instrument sued on was a negotiable instrument, and this defendant was, if liable at all, only liable as an indorser, and that said instrument ■was dishonored by nonpayment at maturity, and that notice of such dishonor was not given this defendant…
1Opinion of the CourtMayfield, J.
Appellee sued appellant and a number of others on a written instrument, in form a promissory note, but in the complaint denominated a “bill single.” With this exception the complaint is in Code form, for an action by the payee against the several makers of a promissory note.
Several of the defendants, alleged makers, were not served, and as to these the plaintiff discontinued, as is authorized by section 2502 of the Code. As to this there was no error nor injury of which this appellant can complain. The other defendants served, than Long, failed to appear and defend, and judgment by default…
2Cases cited3 opinions
- Neff v. EdwardsSupreme Court of Alabama · 1886
- Brooks v. MaltbieSupreme Court of Alabama · 1833
- Mobile & Montgomery Railroad v. SmithSupreme Court of Alabama · 1874
3Cited by12 opinions
- Union Indemnity Co. v. WebsterSupreme Court of Alabama · 1928
- Hall v. First BankSupreme Court of Alabama · 1916
- Crawford v. MillsSupreme Court of Alabama · 1918
- Carothers v. CallahanSupreme Court of Alabama · 1922
- Hamill v. McCallaSupreme Court of Alabama · 1934
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