John v. City National Bank
Supreme Court of Alabama
Appeal from Circuit Court of Dallas. Tried before Hon. GEORGE H. CRAIG. This was action brought by the appellee, the City National Bank of Selma, against the appellant, John, to recover of him the amount of a bill of exchange on which he was accommodation indorser. Payment was resisted on the ground that no notice of the dishonor of the bill had been given the appellant.
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Appeal from Circuit Court of Dallas. Tried before Hon. GEORGE H. CRAIG. This was action brought by the appellee, the City National Bank of Selma, against the appellant, John, to recover of him the amount of a bill of exchange on which he was accommodation indorser. Payment was resisted on the ground that no notice of the dishonor of the bill had been given the appellant. The evidence in regard to protest and notice was as follows: The notary, on the day of the maturity of the bill, presented it to the'bank where it was payable, and payment being refused, he protested the bill, and before…
1Opinion of the CourtBrickell, C. J.
The holder and the indorser of the bill resided in the city of Selma, where the bill was payable. The rule of the law merchant, as it has been invariably recognized in this State, is, that to fix the liability of the indorser, the notice of the dishonor must be personal — that is, given to him in person, or left at his place of business, or at his residence. Notice deposited in the post-office is insufficient, unless the bill is payable at a bank, which by usage has adopted that mode of giving notice—Stephenson v. Primrose, 8 Port. 155; Foster v. McDonald, 3 Ala. 34, (s. c. 5 Ala. 376);…
2Cases cited9 opinions
- Williams v. Bank of the United StatesSupreme Court of the United States · 1829
- Gindrat v. Mechanics' Bank of AugustaSupreme Court of Alabama · 1845
- Stephenson v. PrimroseSupreme Court of Alabama · 1838
- Rives v. ParmleySupreme Court of Alabama · 1850
- Branch of the Bank of the State at Decatur v. PeirceSupreme Court of Alabama · 1842
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3Cited by6 opinions
- Bolling & Son v. McKenzieSupreme Court of Alabama · 1889
- Carter v. OdomSupreme Court of Alabama · 1898
- German Security Bank v. McGarrySupreme Court of Alabama · 1894
- O'Neal v. MasonSupreme Court of Alabama · 1934
- John v. City National BankSupreme Court of Alabama · 1878
1 more not listed; retrieve them via the Exa API.