Crawford v. State Bank
Supreme Court of Alabama
Error to the County Court of Tuskaloosa. Judgment on motion by default in the court below, by the bank, against the plaintiffs in error.
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Error to the County Court of Tuskaloosa. Judgment on motion by default in the court below, by the bank, against the plaintiffs in error. The judgment entry recites, and then afterwards, at the term first aforesaid, came the Bank oí the State of Alabama by its attorney, and produced in court here, a note of hand payable to the President and Directors of the Bjank of the State of Alabama, in the following words and figures, to wit: Washington county, June 1st 1840: Twelve months after date, we, William Crawford as principal, and P. T. Harris add Samuel Frisbie, as securities, jointly and…
1Opinion of the CourtOrmond, J.
The first assignment of error is founded on the supposition, that the notice was given by the corporation, instead of having been given by the President of the Bank, as required by the charter. [Aik. Dig. 65, § 51.] The judgment recites that the notice was under the seal of the President and Directors of said Bank,” and without intending to intimate that if the notice was required to be given by the corporation, this might not be sufficient, we think it very clear that the notice given in this case, is a compliance with the statute. It may be conceded that if the' charter required the notice…
2Cases cited3 opinions
- Curry v. Bank of MobileSupreme Court of Alabama · 1839
- McRae v. ColcloughSupreme Court of Alabama · 1841
- Clements v. Branch of the BankSupreme Court of Alabama · 1840