Bradford v. Bishop
Supreme Court of Alabama
Writ of Error to the Circuit Court of Coosa. Before the Hon. Geo. Goldthwaite. The defendant in error, brought assumpsit against the the plaintiff, as indorser of a promissory note, made by John'' W. Bishop to the plaintiff, Bradford, and by him indorsed to the defendant. The declaration avers the making of the note by John W. Bishop to Bradford, and that he on the same day indorsed it to the defendant in error, for a valuable consideration.
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Writ of Error to the Circuit Court of Coosa. Before the Hon. Geo. Goldthwaite. The defendant in error, brought assumpsit against the the plaintiff, as indorser of a promissory note, made by John'' W. Bishop to the plaintiff, Bradford, and by him indorsed to the defendant. The declaration avers the making of the note by John W. Bishop to Bradford, and that he on the same day indorsed it to the defendant in error, for a valuable consideration. That suit was brought against the maker to the January term, 1839, of the county court of Talladega county, which was the county of the residence of the…
1Opinion of the CourtDargan, J.
By the rules of the law merchant, in order to fix the liability of an indorser of a promissory note, it was necessary to make demand of payment of the maker, and upon his refusal to pay, to give notice to the indorser; these things being done, the liability of the indorser was fixed, and he might be forthwith sued, without taking any further proceedings against the maker.
Our statute has altered the law merchant in this respect, and in order to charge the indorser of a promissory note, not negotiable in bank, the indorsee must sue the maker in the county of his residence, to the first term of…
2Cases cited3 opinions
- Campbell v. SpenceSupreme Court of Alabama · 1843
- Smallwood v. WoodsCourt of Appeals of Kentucky · 1809
- Reese v. WhiteSupreme Court of Alabama · 1841