Hooper v. Herring
Alabama Court of Appeals
Appeal from Marshall Circuit Court. Heard before Hon. W. W. Haralson. Assumpsit by R. E- Herring against John F. Hooper. Judgment for plaintiff, and defendant appeals.
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Appeal from Marshall Circuit Court. Heard before Hon. W. W. Haralson. Assumpsit by R. E- Herring against John F. Hooper. Judgment for plaintiff, and defendant appeals. The action is stated -in four counts, the substance of which are that John F. Hooper is a banker in the town of Albertville, and that plaintiff was a merchant and trader doing business in said town, and had in said bank a general deposit subject to check, for more than sufficient to pay the check herein mentioned; that on April 6, 1912, Herring drew a check on said Hooper, banker, payable to the Boaz Fertilizer Company, a…
1Opinion of the CourtBrown, J.
(1-5) The statute provides, when a negotiable instrument is dishonored by nonacceptance or nonpayment, notice of dishonor must be given to the drawer and to each indorser, and any drawer or indorser to whom such notice is not given is discharged. “The notice may be given by or on behalf of the holder or by or on behalf of any party to the instrument who might be compelled to pay it to the holder, and who, upon taking it up, would have a right to reimbursement from the party to whom the notice is given,” and the notice may be given by an agent in his own name or the name of any party entitled…
2Cases cited10 opinions
- Tobias v. Josiah Morris & Co.Supreme Court of Alabama · 1899
- Tygh v. DolanSupreme Court of Alabama · 1891
- Wefel v. StillmanSupreme Court of Alabama · 1907
- Schaffner v. EhrmanIllinois Supreme Court · 1891
- Atlanta National Bank v. DavisSupreme Court of Georgia · 1895
5 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- First Nat. Bank v. StewartSupreme Court of Alabama · 1920
- MacRum v. Security Trust & Savings Co.Supreme Court of Alabama · 1930
- First Nat. Bank of Mobile v. DucrosAlabama Court of Appeals · 1936