Donley v. Camp
Supreme Court of Alabama
Essos to tbe Circuit Court of Talladega. Tried before tbe Hon. Robert Dougherty. Assumpsit by Camp against Donley as guarantor of a promissory note executed by one Yarborough, payable to R. E. Ooxe on tbe first day of March, 1848. Said note was endorsed before maturity by one A. Coxe to Donley, and was afterwards, and before maturity, endorsed by said Donley to Camp; the latter endorsement being in tbe following words, viz: “I assign and guaranty tbe within note to Joseph…
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Essos to tbe Circuit Court of Talladega. Tried before tbe Hon. Robert Dougherty. Assumpsit by Camp against Donley as guarantor of a promissory note executed by one Yarborough, payable to R. E. Ooxe on tbe first day of March, 1848. Said note was endorsed before maturity by one A. Coxe to Donley, and was afterwards, and before maturity, endorsed by said Donley to Camp; the latter endorsement being in tbe following words, viz: “I assign and guaranty tbe within note to Joseph Camp for value received, Dec. 17, 1847.” Tbe declaration contained tbe common counts, and two special counts. Tbe first…
1Opinion of the CourtG Oldthw Aite, J.
The cases all show that the contract which is described in the declaration, was not within the statute (Clay’s Digest 383,) defining the liability of endorsers. Granniss & Co. v. Miller, 1 Ala 741; Jordan v. Garnett, 3 Ala. 610; Douthitt v. Hudson, 4 Ala. 110; Nesbit v. Bradford, 6 Ala. 746. If it was a case simply of imperfect or irregular endorsement, under our decisions there would be no difficulty, as then the principles of Miller v. De Yampert, 3 Ala. 648, would apply; and the diligence necessary to charge the party upon an endorsement of that character, would be ascertained from the…
2Cases cited7 opinions
- Jordan v. GarnettSupreme Court of Alabama · 1842
- Milton v. DeYampertSupreme Court of Alabama · 1842
- Nesbit v. BradfordSupreme Court of Alabama · 1844
- Starr v. KnoxSupreme Court of Connecticut · 1817
- Foster v. BarneySupreme Court of Vermont · 1830
2 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Townsend v. CowlesSupreme Court of Alabama · 1858
- Lane & Bodley Co. v. JonesSupreme Court of Alabama · 1885
- Leftkovitz v. First National Bank of GadsdenSupreme Court of Alabama · 1907
- United States Fidelity & Guaranty Co. v. Yeilding Bros.Supreme Court of Alabama · 1932
- Walker v. ForbesSupreme Court of Alabama · 1854
22 more not listed; retrieve them via the Exa API.