Coster, Robinson & Co. v. Thomason
Supreme Court of Alabama
ERROR to the Circuit Court of Mobile. Tried before the Hon. John Bragg. Assumpsit on .a bill -of exchange against an endorser. 1. As to the exclusion of the testimony, as shown in the bill ■of exceptions: The question before the jury was the sufficiency of the notice of non-payment to the endorsers. The firm of Coster, Robinson & Co. had no place of business.
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ERROR to the Circuit Court of Mobile. Tried before the Hon. John Bragg. Assumpsit on .a bill -of exchange against an endorser. 1. As to the exclusion of the testimony, as shown in the bill ■of exceptions: The question before the jury was the sufficiency of the notice of non-payment to the endorsers. The firm of Coster, Robinson & Co. had no place of business. The evidence was competent to negative the idea that actual notice had been given. 2. The bill of exchange is misdescribed in the declaration. ■3. Proper diligence was not shown. The firm was dissolved at the maturity of the bill, and…
1Opinion of the CourtColeman, J.
This "was abaction brought by theiplaintiff in the court "below against the defendants, to recover on-a bill of exchange drawn on the first day of -January, 1846. by ¡Ebene--zer Hearn on Messrs. -R. L. Walker & Co», Mobile, forffhe payment, four months after date, to Wm. Kitchen, of $1260, and endorsed by -William Kitchen and Coster, Robinson & Co.
By the bill- of exceptions it appears that’-the defendants objected to the-introduction'of said bill of exchange, as evidence under the first count in the declaration, because the bill declared on purported to have been drawivby Ebenezer u HeaVne,”…
2Cases cited2 opinions
- Rives v. ParmleySupreme Court of Alabama · 1850
- Schooler v. AsherstCourt of Appeals of Kentucky · 1822
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