Sands & Co. v. Matthews, Finley & Co.
Supreme Court of Alabama
Appeal from the City Court of Mobile. Tried before the Hon. Alex. McKinstry. The appellants, on the 16th May, 1853, sued out an original attachment against the estate of Stone & Walworth, as nonresidents, and summoned Alexander Auld by process of garnishment, as their debtor ; and afterwards, on the 18th May, 1853, recovered a judgment against said Stone & Walworth, for §1,215 18. The garnishee appeared, at the June term, 1853, and answered as follows: “ That he was indebted…
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Appeal from the City Court of Mobile. Tried before the Hon. Alex. McKinstry. The appellants, on the 16th May, 1853, sued out an original attachment against the estate of Stone & Walworth, as nonresidents, and summoned Alexander Auld by process of garnishment, as their debtor ; and afterwards, on the 18th May, 1853, recovered a judgment against said Stone & Walworth, for §1,215 18. The garnishee appeared, at the June term, 1853, and answered as follows: “ That he was indebted to said Stone & Walworth, in the sum of §796 02, and no more; that they drew two drafts on him, in favor of St. John,…
1Opinion of the CourtGoldthwaite, J.
By the Code (section 1532) it is provided, that “ no person, within the State, must be charged as the acceptor of a bill of exchange, unless his acceptance is in writing, signed by himself or agent.” The object of this provision was, to secure unmistakable evidence to charge the acceptor; and no right could, therefore, accrue to any one upon a verbal promise to pay or accept, unless the party to whom it was made had, on the faith of such promise, nego*402tiated the bill. — Code, § 1535. But this section has no application to the facts as disclosed by this record. Neither, in the present case, can…
2Cases cited3 opinions
- Mandeville v. WelchSupreme Court of the United States · 1820
- Tiernan v. JacksonSupreme Court of the United States · 1831
- Connoley v. CheesboroughSupreme Court of Alabama · 1852
3Cited by11 opinions
- Harrison v. WrightIndiana Supreme Court · 1885
- Matthews, Finley & Co. v. Sands & Co.Supreme Court of Alabama · 1856
- Donohoe-Kelly Banking Co. v. Southern Pacific Co.California Supreme Court · 1902
- Hanchey v. HurleySupreme Court of Alabama · 1900
- Auerbach v. PritchettSupreme Court of Alabama · 1877
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