First National Bank v. Dawson
Supreme Court of Alabama
Appeal from the City Court of Selma. Tried before the Hon. Jon a. Haralson. This action was brought by the First National Bank of Montgomery against N. H. B. Dawson, as the indorser of two promissory notes, one of which was given in renewal or extension of the other.
Read the full summary
Appeal from the City Court of Selma. Tried before the Hon. Jon a. Haralson. This action was brought by the First National Bank of Montgomery against N. H. B. Dawson, as the indorser of two promissory notes, one of which was given in renewal or extension of the other. Each of the notes was signed by W. C. Fellows as maker, and payable to the order of the plaintiff; the first, which was for $1,600, dated July 17th, 1882, payable on the 1st January, 1883, and indorsed by the defendant, J. B. Gaston, and S. B. Marks, Jr., in the order in which their names are mentioned ; and the second, or…
1Opinion of the CourtStone, C. J.
Both Dawson and Fellows testified, that Dawson’s indorsement was placed on the notes, with the express agreement and limitation that Fellows was not to nego*71tiate or use it, until' he procured two other solvent co-sureties, or indorsers, to be jointly bound with him, Dawson, as common sureties for Fellows. It'was Fellows’ debt, and the other parties were accommodation indorsers. It is not, and can not be controverted, that if the bank acquired this commercial paper in due course of trade, for a valuable consideration, and without notice of the limitation put on Fellows’ use of it, this defense…
2Cases cited11 opinions
- Murray v. LardnerSupreme Court of the United States · 1865
- Saltmarsh v. TuthillSupreme Court of Alabama · 1848
- Thompson v. DuncanSupreme Court of Alabama · 1884
- Allen, Bethune & Co. v. Maury & Co.Supreme Court of Alabama · 1880
- Butler v. United StatesSupreme Court of the United States · 1875
6 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Prouty v. MusquizTexas Supreme Court · 1900
- Ex parte Goldberg & LewisSupreme Court of Alabama · 1914
- Somerall v. Citizens' BankSupreme Court of Alabama · 1924
- German-American National Bank v. LewisAlabama Court of Appeals · 1913
- Marks v. First National BankSupreme Court of Alabama · 1885
6 more not listed; retrieve them via the Exa API.