Trammell v. Hudmon & Brother
Supreme Court of Alabama
Appeal from the Circuit Court of Chambers. Tried before the Hon. James E. Cobb. This action was brought by T. P. Hudmon & Brother, as partners, against Joseph D. Trammell, as the acceptor of a bill of exchange for $119, drawn by J. S. Byington, payable to his own order, and by him indorsed to the plaintiffs, dated the 28th May, 1873, and payable six months after date.
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Appeal from the Circuit Court of Chambers. Tried before the Hon. James E. Cobb. This action was brought by T. P. Hudmon & Brother, as partners, against Joseph D. Trammell, as the acceptor of a bill of exchange for $119, drawn by J. S. Byington, payable to his own order, and by him indorsed to the plaintiffs, dated the 28th May, 1873, and payable six months after date. The defendant pleaded the general issue, and two special pleas, each averring, in substance, that the bill was accepted by him, at the instance of said J. S. Byington, in payment of the premium on a policy of life insurance, for…
1Opinion of the CourtBrickell, C. J.
The acceptance of a bill of exchange is an engagement to pay the bill at maturity; and if it is unqualified, the liability of the acceptor is that of a maker of a promissory note If the engagement is broken — if the maker fails to pay at maturity' — in the absence of a statute prescribing otherwise, no other damages than interest, com*237putecl according to the statutory rate, are recoverable. — Hanrick v. Farmers’ Bank, 8 Port. 539; Dickinson v. Br. Bank Mobile, 12 Ala. 54. The statute, fixing the rate oí damages on protested bills of exchange, is general in its terms, simply declaring that five…
2Cases cited2 opinions
- Dickinson v. Branch Bank at MobileSupreme Court of Alabama · 1847
- Hanrick v. Farmers' Bank of ChattahoochieSupreme Court of Alabama · 1839
3Cited by3 opinions
- Slaughter v. Doe ex dem. Swift, Murphy & Co.Supreme Court of Alabama · 1880
- Howland v. WallaceSupreme Court of Alabama · 1886
- Montgomery & Eufaula Railway Co. v. Chambers & AbercrombieSupreme Court of Alabama · 1885