Shirley v. Fellows
Supreme Court of Alabama
Error to the Circuit court of Tuscaloosa, Assumpsit, before Chapman, J. This action is against Shirley, as the drawer of a bill of exchange, drawn on and accepted by daze & Haynes, in favor of Fellows, Read dp Co., and by them endorsed to the plaintiffs in the suit. The declaration is in the usual form, averring presentment for payment, refusal, protest, and notice to the defendant.
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Error to the Circuit court of Tuscaloosa, Assumpsit, before Chapman, J. This action is against Shirley, as the drawer of a bill of exchange, drawn on and accepted by daze & Haynes, in favor of Fellows, Read dp Co., and by them endorsed to the plaintiffs in the suit. The declaration is in the usual form, averring presentment for payment, refusal, protest, and notice to the defendant. The bill of exceptions taken during the trial, discloses that the plaintiff introduced in evidence the bill of exchange on which the action is founded, also a certificate of a notary public, showing the protest of…
1Opinion of the CourtGoldthwaite, J.
The declaration avers, that notice of the demand of payment of- the bill, and its refusal, Was given to the defendant, and the admission of evidence under this averment, to show a want of funds in *302the hands of the acceptors, presents a question, which has never been directly decided by this court.
On the first view, it would seem to be against general principles, to permit a party to prove a fact different from the one in issue, for the purpose of establishing his liability, and it must be admitted, that some of the English cases deny the correctness of such a course —(Harris vs. Richardson, 4…
2Cases cited3 opinions
- Thornton v. WynnSupreme Court of the United States · 1827
- Martin v. WinslowU.S. Circuit Court for the District of Rhode Island · 1821
- Pate v. M'ClureCourt of Appeals of Virginia · 1826
3Cited by4 opinions
- Spann v. BaltzellSupreme Court of Florida · 1847
- Manning v. MaroneySupreme Court of Alabama · 1888
- Levy v. Peabody Insurance Co.West Virginia Supreme Court · 1877
- Sherrod v. RhodesSupreme Court of Alabama · 1843