German Security Bank v. McGarry
Supreme Court of Alabama
Appeal from the Circuit Court of Lauderdale. Tried before the Hon. John B. Tally. The facts of the case are sufficiently stated in the opinion. cited 2 Dan’l on Neg. Instr., §§ 1043, 995, 995a, 1003 ; 2 Amer. & Eng. Encyc. of Law, pp. 414-415, note; Philipe v. Haberlee, 45 Ala. 607; 1 Brick.
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Appeal from the Circuit Court of Lauderdale. Tried before the Hon. John B. Tally. The facts of the case are sufficiently stated in the opinion. cited 2 Dan’l on Neg. Instr., §§ 1043, 995, 995a, 1003 ; 2 Amer. & Eng. Encyc. of Law, pp. 414-415, note; Philipe v. Haberlee, 45 Ala. 607; 1 Brick. Dig., 267, § 230. — The proof of the receipt of the notice by the plaintiff bank “on or about the 8th” does not show that the notice was mailed from Florence on the 6th. — Tiedeman on Com. Paper, § 337 ; 2 Danl. Neg. Instr., pp. 93, 94, 95, 96, 97, §§ 1048 et seq.; Curry v. Bank of Mobile, 8 Port. 360 ;…
1Opinion of the CourtColeman, J.
— The appellant sued the defendant as an endorser of a negotiable promissory note, payable at the bank of W. P. Campbell & Co., Florence, Ala. Issue was joined upon the plea, that the defendant was not^ legally and duly notified of the non-payment of the note at maturity, and this was the only issue before the jury. The note bears date of the 2d day ■ of April, 1890, and was payable ninety days after date. The certificate of the notary, showing demand, protest and notice was not introduced in evidence, nor was the notary public or other person who had knowledge of the demand at place of…
2Cases cited3 opinions
- John v. City National BankSupreme Court of Alabama · 1876
- Brennan v. Carl Vogt & SonSupreme Court of Alabama · 1892
- John v. City National BankSupreme Court of Alabama · 1878
3Cited by3 opinions
- Empire Clothing Co. v. Roberts, Johnson & Rand Shoe Co.Alabama Court of Appeals · 1917
- Union Wholesale Company v. Bank of DelawareSuperior Court of Delaware · 1963
- O'Neal v. MasonSupreme Court of Alabama · 1934