Levert v. Planters' & Merchants' Bank
Supreme Court of Alabama
Error to the Circuit court of Mobile. Bank notice, tried before Pickens, J. The notice, in this case, was issued on a note dated June twentieth, eighteen hundred and thirty-seven, payable sixty days after date, to Joseph Bates, jr. or order, for four thousand nine hundred and forty dollars, for value received, negotiable and payable at the Planters’ and Merchants’ Bank of Mobile, and endorsed by the payee.
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Error to the Circuit court of Mobile. Bank notice, tried before Pickens, J. The notice, in this case, was issued on a note dated June twentieth, eighteen hundred and thirty-seven, payable sixty days after date, to Joseph Bates, jr. or order, for four thousand nine hundred and forty dollars, for value received, negotiable and payable at the Planters’ and Merchants’ Bank of Mobile, and endorsed by the payee. The notice stated that the note was the property of the Bank — -was past due — was not paid according to the tenor and effect thereof, and was protested for non-payment: and that the Bank…
1Opinion of the CourtOrmond, J.
— This was a motion by the defendants in error against the plaintiff in error, for a judgment on a note discounted by the bank.
The judgment was rendered by default, and it is now objected here, that the record does not shew a case in which a judgment could be rendered in favor of the bank,on motion, because it docs not state that the' note was negotiable and payable at that bank.
The charter of the bank provides “ That if any person shall be indebted to said corporation, as maker or *106endorser of any note, bill or bond, expressly made negotiable and payable at said bank, and shall delay payment…
2Cited by3 opinions
- Gunn v. HowellSupreme Court of Alabama · 1855
- Nation v. RobertsSupreme Court of Alabama · 1852
- Sayre v. Bank of MobileSupreme Court of Alabama · 1839