Gindrat v. Mechanics' Bank of Augusta
Supreme Court of Alabama
Writ of error to the Circuit Court of Macon County. Assumpsit, by the Mechanics’ Bank against John and John H. Gindrat, as indorsers of a bill of exchange, dated 23d June, 1838, at ninety days, payable at the Branch Bank of Alabama at Montgomery. The declaration is in the usual form, and avers that the defendants had due notice of the protest of the bill for non payment.
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Writ of error to the Circuit Court of Macon County. Assumpsit, by the Mechanics’ Bank against John and John H. Gindrat, as indorsers of a bill of exchange, dated 23d June, 1838, at ninety days, payable at the Branch Bank of Alabama at Montgomery. The declaration is in the usual form, and avers that the defendants had due notice of the protest of the bill for non payment. At the trial, the bill as well as its protest for non-payment were read in evidence, and the latter contains the certificate of the notary, that notice of the protest directed severally to the drawer and indorsers was…
1Opinion of the CourtGoldthwaite, J.
— This case seems to have been contested by both parties, before the jury, under the impression that the notice of non-payment sent to the defendants, through the post office at Montgomery, by the notary, was insufficient, by the rules of the general law merchant, to charge them, and consequently, the attempt to support the suit by proving the custom and usage of the Bank at Montgomery, to give notice in this manner. In our judgment the notice sent in this manner was sufficient to charge them, independent of. any special usage or custom, when the facts were disclosed that the Bank at…
2Cases cited8 opinions
- Renner v. Bank of ColumbiaSupreme Court of the United States · 1824
- Mills v. Bank of United StatesSupreme Court of the United States · 1826
- Williams v. Bank of the United StatesSupreme Court of the United States · 1829
- Colt v. NobleMassachusetts Supreme Judicial Court · 1809
- Hagan v. CampbellSupreme Court of Alabama · 1838
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3Cited by12 opinions
- Rawls v. Doe ex dem. KennedySupreme Court of Alabama · 1853
- Carter v. OdomSupreme Court of Alabama · 1898
- John v. City National BankSupreme Court of Alabama · 1876
- Greene v. FarleySupreme Court of Alabama · 1852
- Philipe v. HarberleeSupreme Court of Alabama · 1871
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