Hooks v. Anderson
Supreme Court of Alabama
Appeal from Mobile Circuit Court. Tried before Hon. H; T. Toulmjn. The appellee, Diana Anderson, brought suit against Turner and Hooks, as makers “of a promissory note made by them on the 25th day of October, 1878, payable ninety days after date, to the order of the plaintiff, at the Southern Bank of Alabama.” Turner made no defense, and judgment by.default was rendered against him. Hooks pleaded the general issue.
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Appeal from Mobile Circuit Court. Tried before Hon. H; T. Toulmjn. The appellee, Diana Anderson, brought suit against Turner and Hooks, as makers “of a promissory note made by them on the 25th day of October, 1878, payable ninety days after date, to the order of the plaintiff, at the Southern Bank of Alabama.” Turner made no defense, and judgment by.default was rendered against him. Hooks pleaded the general issue. A jury trial was waived, and the decision of the case submitted on an agreed state of facts. The note sued on was as follows : Mobile, Oct. 25th, 1873. Ninety days after date I…
1Opinion of the CourtManning, J.
The note, on which this suit was brought, is negotiable and payable in bank — -what is called commercial paper. It is made payable to appellee, (the plaintiff below), and was delivered to her with the name of the maker, Turner,, at the end of it, in the proper place, and that of Hooks indorsed on the back; and these two persons were sued together as joint makers. Judgment by default was taken against Turner, and upon issue made by Hooks, judgment was rendered against him. No demand of payment of the note was made at its maturity and notice of non-payment given to Hooks ; nor is there any…
2Cases cited3 opinions
- Jordan v. GarnettSupreme Court of Alabama · 1842
- Milton v. DeYampertSupreme Court of Alabama · 1842
- Price v. LavenderSupreme Court of Alabama · 1862
3Cited by5 opinions
- Marks v. First National BankSupreme Court of Alabama · 1885
- Mobile Savings Bank v. McDonnellSupreme Court of Alabama · 1887
- Carter v. OdomSupreme Court of Alabama · 1898
- O'Neal v. ClarkSupreme Court of Alabama · 1934
- Carrington v. OdomSupreme Court of Alabama · 1899