Roberts v. Mason
Supreme Court of Alabama
THE defendant in error brought an action of assumpsit against the plaintiff, in the County Court of Mobile county, as the endorser of a promissory note, of the following tenor, viz: “Mobile, 17th November, 1834. “®2005 39. Twenty-four months after date, we promise to pay Willis Roberts or order, two thousand and. five dollars and thirty-nine cents, for value received, negotiable and payable at the office of discount and deposit of the Bank of the United States at Mobile.…
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THE defendant in error brought an action of assumpsit against the plaintiff, in the County Court of Mobile county, as the endorser of a promissory note, of the following tenor, viz: “Mobile, 17th November, 1834. “®2005 39. Twenty-four months after date, we promise to pay Willis Roberts or order, two thousand and. five dollars and thirty-nine cents, for value received, negotiable and payable at the office of discount and deposit of the Bank of the United States at Mobile. [Signed] MATHER & ROBERTS.” The case was tried on the general issue, and a verdict and judgment rendered in favor of the…
1Opinion of the CourtCollier, C. J.
— The only question raised in this case is, whether the instruction .of ihe judge of the county court to the jury, is conformable to law.
Where a note designates, upon its face, a certain.place of payment, a demand by the holder at the place designated, is a condition.precedent to an endorsees liability. (Roche v. Campbell, 3 Camp. Rep. 247; Sebree v. Dorr, 9 Wheat. Rep. 558; Bank of the U. S. v. Smith, 11 Wheat. Rep. 171; Irvine v. Withers, 1 Stewart’s Rep. 234.)
In Erwin v. Adams, (2 Miller’s Lou. Rep. 318) it was considered incumbent upon the holder of paper payable ata particular place,…
2Cases cited4 opinions
- Bank of United States v. SmithSupreme Court of the United States · 1826
- Putnam v. SullivanMassachusetts Supreme Judicial Court · 1808
- Sebree v. DorrSupreme Court of the United States · 1824
- Gist v. LybrandOhio Supreme Court · 1828
3Cited by10 opinions
- Montgomery v. ElliottSupreme Court of Alabama · 1844
- Calkins v. VaughanSupreme Court of Alabama · 1927
- O'Neal v. ClarkSupreme Court of Alabama · 1934
- Clark v. O'NealSupreme Court of Alabama · 1935
- Stagemann v. EmerySupreme Court of Florida · 1933
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