Ball v. Bank of Alabama
Supreme Court of Alabama
Writ of Error to, the County Court of Tuskaloosa. This was a proceeding by notice and motion, under the statute, at the suit of the defendant in error, against the plaintiff, as the indorser of a bill of exchange. The cause was tried on issues joined, on the pleas of non assumpsit, payment, and set off; a verdict was returned for the plaintiff, for five hundred and seventy dollars and twenty-five cents, damages, and judgment was rendered accordingly.
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Writ of Error to, the County Court of Tuskaloosa. This was a proceeding by notice and motion, under the statute, at the suit of the defendant in error, against the plaintiff, as the indorser of a bill of exchange. The cause was tried on issues joined, on the pleas of non assumpsit, payment, and set off; a verdict was returned for the plaintiff, for five hundred and seventy dollars and twenty-five cents, damages, and judgment was rendered accordingly. On the trial, the defendant excepted to the ruling of the Court. It appears from the bill of exceptions that the plaintiff offered and read to…
1Opinion of the CourtCollier, C. J.
1. We think it entirely clear, that the Court very properly refused to charge the jury, that the testimony of the Cashier and his assistant was no evidence, that the notice of the protest of the bill was deposited in the post office in N. Orleans, in time to be forwarded by the first mail after its dishonor. True, these witnesses could not testify that the notice was thus mailed, because -they were, at the time of the protest, 'some hundreds of miles distant from New Orleans ; but the facts they state are quite convincing, and inconsistent with the' idea that notice was not duly received by…
2Cases cited7 opinions
- Inhabitants of Buckland v. Inhabitants of ConwayMassachusetts Supreme Judicial Court · 1820
- Witherby v. MannNew York Supreme Court · 1814
- Carson v. Bank of AlabamaSupreme Court of Alabama · 1842
- Murray v. CharlesSupreme Court of Alabama · 1843
- Chaffee v. ThomasNew York Supreme Court · 1827
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Craft v. Standard Acc. Ins. Co.Supreme Court of Alabama · 1929
- Hughes v. Pacific Wharf & Storage Co.California Supreme Court · 1922
- Williams v. Mitchell's Adm'rSupreme Court of Alabama · 1857
- Brotherhood of Railroad Trainmen v. JenningsSupreme Court of Alabama · 1936
- Henry v. State BankIndiana Supreme Court · 1851
3 more not listed; retrieve them via the Exa API.