Bates v. Planters' & Merchants' Bank
Supreme Court of Alabama
Error to the Circuit court of Mobile. Bank notice, tried before Pickens, J. This was a notice issued by the President of the Planters’ and Merchants’ Bank of Mobile, to defendant, as endorser on a note dated June twentieth, eighteen hundred and thirty-seven, for four thousand nine hundred and forty dollars, drawn by H. S. Levert, payable to - defendant or order, sixty days after date, for value received, negotiable and payable at the Planters’ and Merchants’ Bank of Mobile,…
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Error to the Circuit court of Mobile. Bank notice, tried before Pickens, J. This was a notice issued by the President of the Planters’ and Merchants’ Bank of Mobile, to defendant, as endorser on a note dated June twentieth, eighteen hundred and thirty-seven, for four thousand nine hundred and forty dollars, drawn by H. S. Levert, payable to - defendant or order, sixty days after date, for value received, negotiable and payable at the Planters’ and Merchants’ Bank of Mobile, and which was protested for non-payment; informing defendant that at the next term of the court, the Bank would move…
1Opinion of the CourtOrmond, J.
— This was a summary proceeding, by motion of the Bank, against the plaintiff in error. It is now assigned for error—
1. That the record does not disclose that a motion was made in the court below ;
2. That it does not appear that the certificate of the President of the Bank was produced, showing property in the Bank;
3. That the record does not disclose that the motion was founded on a paper on which a motion could be made.
It appears from the record, that the facts were contested before a jury, though no plea appears in the proceedings, and the judgment was entered on the verdict of a jury.
It…
2Cases cited2 opinions
- Lyon v. State BankSupreme Court of Alabama · 1828
- Duncan v. Tombeckbee BankSupreme Court of Alabama · 1836
3Cited by11 opinions
- Guilford v. LoveTexas Supreme Court · 1878
- Gunn v. HowellSupreme Court of Alabama · 1855
- Wilson v. Judge of the Co. CourtSupreme Court of Alabama · 1851
- Bates v. Branch Bank at MobileSupreme Court of Alabama · 1841
- Sullivan v. RobinsonSupreme Court of Alabama · 1865
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