Woodcock v. Campbell
Supreme Court of Alabama
Assumpsit by Campbell, in the Circuit Court of ■Lauderdale, on an instrument in writing, payable at the United States Branch Bank at Nashville, on the twenty third of April, 1832. The case came up on exceptions to the charge of the Court below. The defendant was first indorser of the paper sued on, which was drawn in his favor by one Boggs.
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Assumpsit by Campbell, in the Circuit Court of ■Lauderdale, on an instrument in writing, payable at the United States Branch Bank at Nashville, on the twenty third of April, 1832. The case came up on exceptions to the charge of the Court below. The defendant was first indorser of the paper sued on, which was drawn in his favor by one Boggs. It was attempted to he defended on the ground, that no demand had been made at the Bank, nor had suit .’been brought against Boggs, as required in the case of indorsers; for it was insisted, that this case came within the statutes of 1828 — ’9 : but the…
1Opinion of the Court
By Mr. justice Thorn’¡'on :
This was an action of assumpsit, brought by Campbell, the defendant in error, against Woodcock} as endorser of a writing obligatory, executed on the 23d of April, 1831, by one George Boggs, jr, whereby he promised to pay the amount therein named, to the said Woodcock, twelve months after date, at the Office of Discount and Deposit of the Bank United States at Nashville; who indorsed the same to one Donahoo, who endorsed to the plaintiff below. The bill of exceptions gives all the testimony, and shews that there was none of any law of Tennessee. The only questions…
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