Elliott v. Montgomery
Supreme Court of Alabama
Wkit of Error to the Circuit Court of Fayette. This action is upon two twenty dollar notes, against the defendant, as a partner of the Real Estate Bank of Caledonia, Mississippi. It was commenced before a Justice of the Peace, and was carried to the Circuit Court by appeal.
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Wkit of Error to the Circuit Court of Fayette. This action is upon two twenty dollar notes, against the defendant, as a partner of the Real Estate Bank of Caledonia, Mississippi. It was commenced before a Justice of the Peace, and was carried to the Circuit Court by appeal. At the trial it appeared that the notes were signed by certain persons as the President and Cashier of the Company and by them the promise was to pay the sum of money to John Elliott, or bearer, on demand, at their banking house. Elliott was a partner in the concern when the notes were issued, and was merely the nominal…
1Opinion of the CourtGoldthwaite, J.
If the rules of the common law could be applied to the circumstances of this suit, it would not be questioned that any bona fide holder of the notes could maintain an action in his own name as the bearer; and such we presume is the law of the State, where these notes were made and first put in circulation. But it seems to be conceded on all sides, that so far as the remedy is concerned, it must be sought according to the law of the State where the suit is instituted, and here the holder is placed in a very peculiar position. If he attempts to sue in his own name, as the bearer of the notes,…
2Cited by1 opinion
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