Greene v. Farley
Supreme Court of Alabama
ERROR to the Circuit Court of Montgomery. Tried before the Hon. Geo. Goldthwaite. Where the holder of a bill and endorser both reside in the same place, the notice to charge the endorser must be personal, or notice must be left at his residence or place of doing business.
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ERROR to the Circuit Court of Montgomery. Tried before the Hon. Geo. Goldthwaite. Where the holder of a bill and endorser both reside in the same place, the notice to charge the endorser must be personal, or notice must be left at his residence or place of doing business. Stephenson v. Primrose, 8 Porter, 162; Foster v. McDonald, 3 Ala. 34; Pierce et al. v, Pinder, 5 Metcalf, 352; Phipps v. Chase, 6 ib. 491; 4 Hill, N. Y. 129; 5 ib. 237; 3 Harrington, 419; 1 Conn. 829; 15 Maine, 141; 8 Watts & •Serg. 138; 8 Blackford, 812; 7 ib. 1.83; and a custom of the notaries of a particular city to give…
1Opinion of the CourtGoldthw Aite, J.
The bill of exchange sued on was *324directed to the drawee at Mobile, Ala., and there protested for non-payment. Notice was given by the notary public, wbo protested the bill, by mail, to the plaintiff in error, who was the endorser, and wbo, with the bolder, resided in Montgomery. The only question is as to the sufficiency of this notice. In the cases of Stephenson v. Primrose, 8 Port. 155, and Foster v. McDonald, 3 Ala. 34, the party giving, and the party sought to be charged by the notice, both resided in the same place, and in the absence of any special custom, notice through the post-office…
2Cases cited4 opinions
- Gindrat v. Mechanics' Bank of AugustaSupreme Court of Alabama · 1845
- Stephenson v. PrimroseSupreme Court of Alabama · 1838
- Crawford v. Branch of the Bank of Alabama at MobileSupreme Court of Alabama · 1844
- Foster v. McDonaldSupreme Court of Alabama · 1841
3Cited by5 opinions
- Carter v. OdomSupreme Court of Alabama · 1898
- Todd v. Neal's AdministratorSupreme Court of Alabama · 1873
- Tyson v. OliverSupreme Court of Alabama · 1869
- John v. City National BankSupreme Court of Alabama · 1878
- Riggs v. HatchU.S. Circuit Court for the District of Southern New York · 1883