McGarry v. Nicklin
Supreme Court of Alabama
Appeal from the District Court of Lauderdale. Tried before the Hon. W. P. Chitwood. The facts of the case are sufficiently stated in the opinion. If a bill or note is payable in a particular place, it will be treated as if made there, without reference to the place at which it is written, signed or dated.
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Appeal from the District Court of Lauderdale. Tried before the Hon. W. P. Chitwood. The facts of the case are sufficiently stated in the opinion. If a bill or note is payable in a particular place, it will be treated as if made there, without reference to the place at which it is written, signed or dated. The presumption is, that the place of performance is the place of contract; and this even though it bears date at a place other than the place of performance. — 2 Parsons-on Bills & Notes, pp. 324-326 ; Mason v. Dousay, 85 Amer. Dec. 368; Ilydev. Goodnow, 3 N. Y. 266 ; Lewis v. Headley, 87…
1Opinion of the CourtMcCLELLAN, J.
This suit is prosecuted by Nicklin against McGarry et al. on a promissory note. The note *562was signed by the defendants at Florence, Ala., and is payable at the People’s Bank of Chattanooga, Tennessee. A prominent, and indeed, as we shall see, the controlling question in the case is as to whether the obligation is an Alabama or Tennessee contract. The facts in legal effect bearing upon that issue may be stated as follows : Originally a corporation of which the defendants were stockholders executed at Florence, Ala., where it was also payable, a note to one Foster which was by Foster endorsed to…
2Cases cited11 opinions
- McAllister v. SmithIllinois Supreme Court · 1856
- Cubbedge, Hazlehurst & Co. v. NapierSupreme Court of Alabama · 1878
- Hyde v. . GoodnowNew York Court of Appeals · 1850
- Lee v. . SelleckNew York Court of Appeals · 1865
- Youngblood v. Birmingham Trust & Savings Co.Supreme Court of Alabama · 1891
6 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Ohio Ex Rel. Superintendent of Banks v. EubankMichigan Supreme Court · 1940
- Emerson Co. v. ProctorSupreme Judicial Court of Maine · 1903
- Pioneer Savings & Loan Co. v. NonnemacherSupreme Court of Alabama · 1900
- Alexander v. BarkerSupreme Court of Kansas · 1902
- Alger-Sullivan Lumber Co. v. Union Trust Co.Supreme Court of Alabama · 1928
3 more not listed; retrieve them via the Exa API.