Blackman v. Branch Bank at Mobile
Supreme Court of Alabama
Error to the Circuit Court of Dallas. Motion, by the Bank, for judgment on a note, made by Josiah Blackman, payable to Billups Gayle, Cashier, or bearer, negotiable and payable at the Bank. The defendant appeared and pleaded, that Edmund Harrison, whose name is signed to the notice, was not, at the date of said notice, President of said Branch Bank, but that one Theophilus L. Toulmin, was at that time President of the Bank.
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Error to the Circuit Court of Dallas. Motion, by the Bank, for judgment on a note, made by Josiah Blackman, payable to Billups Gayle, Cashier, or bearer, negotiable and payable at the Bank. The defendant appeared and pleaded, that Edmund Harrison, whose name is signed to the notice, was not, at the date of said notice, President of said Branch Bank, but that one Theophilus L. Toulmin, was at that time President of the Bank. To this plea the plaintiff demurred, and the Court sustained the demurrer. The defendant also pleaded a set off, and issue being joined thereon, the jury .found a verdict…
1Opinion of the CourtOrmond, J.
In Curry v. The Bank of Mobile, 8 Porter, 373, we held, that the notice of an intended motion for judgment, might be given by an attorney of the corporation. The plea, in this case, is founded upon the supposition, that as Mr. Harrison was out of office at the time notice was issued, it was invalid. The charter requiring the President of the Bank to give notice, does not contemplate that he should do it in person, but that notice shall be given under his direction. The notice, in this case, was issued under the direction of Mr. Harrison, acting as the President of the Bank, and whether he.was…
2Cases cited1 opinion
- Curry v. Bank of MobileSupreme Court of Alabama · 1839
3Cited by1 opinion
- Thomas v. De GraffenreidSupreme Court of Alabama · 1855