Hawley v. Bibb
Supreme Court of Alabama
Appeal from Montgomery Chancery Court. Heard before Hon. H. Austill. ■ The bill of exchange secured by the. mortgage, for the foreclosure of which this suit was brought, was, at the time it was •drawn and accepted by J. Du Bose Bibb, endorsed by E. H. Morrison & Co., the payees, to B. M. Waters & (jo., and the mortgage was exeuted directly to them. B. M. Waters & Co. endorsed the bill to the appellant, but did not, by assignment, pass the legal estate in the mortgage to him.
Read the full summary
Appeal from Montgomery Chancery Court. Heard before Hon. H. Austill. ■ The bill of exchange secured by the. mortgage, for the foreclosure of which this suit was brought, was, at the time it was •drawn and accepted by J. Du Bose Bibb, endorsed by E. H. Morrison & Co., the payees, to B. M. Waters & (jo., and the mortgage was exeuted directly to them. B. M. Waters & Co. endorsed the bill to the appellant, but did not, by assignment, pass the legal estate in the mortgage to him. When this cause was before this court at the December Term, 1877, on appeal from a decree of foreclosure of the…
1Opinion of the Court
BBICKELL, O. J.
The original bill was filed by the appellant to foreclose a mortgage on lands, executed by the appellee, *54Bibb, on the 23d day of November, 1872, to secure the pay- - ment of a bill of exchange, of which he was the drawer and acceptor, falling due June 1st, 1873, for the payment to E. 11. Morrison & Co. of the sum of five thousand three hundred and twenty dollars. The bill was endorsed by the payees to R. M. Waters & Co., by whom, before its maturity, for value, it was-endorsed to the appellant. The defense urged by Bibb is, that the only consideration for the bill was money to…
2Cases cited13 opinions
- Bigelow v. . BenedictNew York Court of Appeals · 1877
- Saltmarsh v. TuthillSupreme Court of Alabama · 1848
- J. B. Lyon & Co. v. Culbertson, Blair & Co.Illinois Supreme Court · 1876
- Gregory v. WendellMichigan Supreme Court · 1878
- Perkins v. SavageNew York Supreme Court · 1836
8 more not listed; retrieve them via the Exa API.
3Cited by38 opinions
- Liberty National Life Insurance Company v. WeldonSupreme Court of Alabama · 1957
- Forsyth Manufacturing Co. v. CastlenSupreme Court of Georgia · 1900
- Sondheim v. GilbertIndiana Supreme Court · 1888
- Helmetag's Adm'r v. MillerSupreme Court of Alabama · 1884
- Citizens Nat. Bank v. BuckheitAlabama Court of Appeals · 1916
33 more not listed; retrieve them via the Exa API.