Legal Opinion

Lea v. Branch Bank at Mobile

Supreme Court of Alabama

Decided June 15, 1838PublishedCited by 5 opinions

Bank notice, tried before Pickens, J. On the sec'ond day of December, eighteen hundred and thirty-seven, a notice was served on the plaintiffs in error, informing them that at the then next term of the Circuit court of Mobile, to be, held on the second after the ‘ fourth Monday in October, the President of the Bank would move for judgment against plaintiffs in error, as the endorsers of a promissory note, expressly made payable and negotiable at the said Bank, which note…

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Bank notice, tried before Pickens, J. On the sec'ond day of December, eighteen hundred and thirty-seven, a notice was served on the plaintiffs in error, informing them that at the then next term of the Circuit court of Mobile, to be, held on the second after the ‘ fourth Monday in October, the President of the Bank would move for judgment against plaintiffs in error, as the endorsers of a promissory note, expressly made payable and negotiable at the said Bank, which note bore date the first day of October, eighteen hundred and thirty-six, being made by A. Marvin as maker, payable three months…

1Opinion of the CourtOrmond, J.

— The question presented to this court is, whether the plaintiffs below, have such a title to the note k as would enable them to maintain this action. The note being payable to the order of the maker, the legal title to it could only be derived from his endorsement. This endorsement being excluded from the jury, can the action be maintained ?

It is maintained that the certificate of the President of the Bank, that the paper sued on is bona fide the property of the Bank, will authorise the maintenance of a suit in a case like the present. It is apparent that the (/legislature had no such…

2Cases cited1 opinion

  1. Broughton v. McIntoshSupreme Court of Alabama · 1840

3Cited by5 opinions

  1. Moses v. Lawrence County BankSupreme Court of the United States · 1893
  2. Edmonds v. EdmondsSupreme Court of Alabama · 1840
  3. Hanover Fire Insurance v. B. C. Lewis & SonsSupreme Court of Florida · 1887
  4. Gazzam v. Bank of MobileSupreme Court of Alabama · 1840
  5. Bates v. Planters' & Merchants' Bank of MobileSupreme Court of Alabama · 1839

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