Reese v. White
Supreme Court of Alabama
Writ of error to the Circuit Court of Lawrence county. Action of assumpsit, commenced on the 16th of September, 1839, by White the endorsee of a promissory note made by John C. Price & Co. payable to Price and Puckett, and by them endorsed, against Reese, a subsequent endorser. The declaration describes the note as being dated the 1st of March, 1838, payable ten months after date. The several endorsements are alledged to have been made before the maturity of the note.
Read the full summary
Writ of error to the Circuit Court of Lawrence county. Action of assumpsit, commenced on the 16th of September, 1839, by White the endorsee of a promissory note made by John C. Price & Co. payable to Price and Puckett, and by them endorsed, against Reese, a subsequent endorser. The declaration describes the note as being dated the 1st of March, 1838, payable ten months after date. The several endorsements are alledged to have been made before the maturity of the note. The declaration alledges that, when this note became due, the plaintiff, as endorsee, brought his suit against the makers in…
1Opinion of the CourtGoldthwaite, J.
— The requisites to charge the endorser of a note, of the description stated in the declaration, are defined with much precision by the statute. When the sum due on the note is more than fifty dollars, the endorsee must commence a suit against the maker, at the first term of any Court of the county where he resides, to which it can be brought. Judgment must be recovered, and a writ of fieri fa-cias returned by the proper officer, no property found. (Aikin’s Digest 330, s. 12, 16.)
These matters are evidently intended to stand in the place of the demand of payment from the maker, and the notice…
2Cited by1 opinion
- Bradford v. BishopSupreme Court of Alabama · 1848