Branch of the Bank of the State at Decatur v. Peirce
Supreme Court of Alabama
Writ of error to the County Court of Morgan. THIS was a proceeding by notice and motion, at the suit of ■ the plaintiff in error, to recover of the defendant, the amount of a promissory note of which he was the indorser. The cause was tried on the plea of non-assumpsit. On the trial, the plaintiff excepted to the ruling of the Court.
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Writ of error to the County Court of Morgan. THIS was a proceeding by notice and motion, at the suit of ■ the plaintiff in error, to recover of the defendant, the amount of a promissory note of which he was the indorser. The cause was tried on the plea of non-assumpsit. On the trial, the plaintiff excepted to the ruling of the Court. From the bill of exceptions, it appears, that the plaintiffhav-ing offered the notarial protest, setting forth a demand, protest and notice of non-payment of the note in suit, the defendant proved that he resided nearer the post-offices at Red Hill and '…
1Opinion of the Court
COLLIER, C. J
In Foard v. Johnson, 2 Ala. Rep. 565, the bill was drawn and dated at Mobile, but the drawer, at the time of the drawing and maturity of the same, resided in the county of Sumter. The bill not being paid, it was protested for non-payment, and notice thereof deposited in the Post Office at Mobile, although the drawer resided much nearer other post offices: it was held, that .the place where the bill was dated could not be regarded as such evidence of the drawer’s residence as to relieve the holder from the necessity of making inquiry on the subject; and that if ignorant of it, he…
2Cases cited8 opinions
- Bank of Utica v. SmithNew York Supreme Court · 1820
- Bank of Utica v. BenderNew York Supreme Court · 1839
- Colt v. NobleMassachusetts Supreme Judicial Court · 1809
- Wells v. WhiteheadNew York Supreme Court · 1836
- Cuyler v. NellisNew York Supreme Court · 1830
3 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Rudulph v. BrewerSupreme Court of Alabama · 1892
- Sprague v. TysonSupreme Court of Alabama · 1870
- Lacy v. Holbrook, Bowman & Co.Supreme Court of Alabama · 1842
- John v. City National BankSupreme Court of Alabama · 1876
- Tyson v. OliverSupreme Court of Alabama · 1869
2 more not listed; retrieve them via the Exa API.