Capital City Insurance v. Quinn
Supreme Court of Alabama
Appeal from Lowndes Circuit Court. Tried before lion. John Moore. This was a suit by the Capital City Insurance Company, a corporation, against Charles H. Quinn and John Y: McDuffie, partners trading under the firm name of O. IL Quinn & Co., and was founded on a bill of exchange, drawn by one Hall, a member of the firm of ¥m. Hall & Co., on and accepted by the defendants, dated 12th August, 1880, and payable sixty days after its date to the order of ¥m.
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Appeal from Lowndes Circuit Court. Tried before lion. John Moore. This was a suit by the Capital City Insurance Company, a corporation, against Charles H. Quinn and John Y: McDuffie, partners trading under the firm name of O. IL Quinn & Co., and was founded on a bill of exchange, drawn by one Hall, a member of the firm of ¥m. Hall & Co., on and accepted by the defendants, dated 12th August, 1880, and payable sixty days after its date to the order of ¥m. Hall & Co., by whom it was indorsed to the plaintiff before maturity. The cause was tried on issues joined on the pleas of non est factum,…
1Opinion of the CourtBrick Rll, C. J.
— In the absence of acceptance, the bill of exchange, having been drawn by one partner, payable to the partnership, would have been incomplete, legally speaking not a bill of exchange, until it was indorsed by the payees, entitling the indorsee to sue the drawer and all other antecedent parties. Murdock v. Caruthers, 21 Ala. 785. The acceptance of the bill, which seems to have been contemporaneous with its drawing, and is founded on a consideration of value — the pre-existing debt of the acceptors to the payees — imports an engagement upon the part of the acceptors to pay the bill to the…
2Cases cited8 opinions
- Munn v. President & Directors of Commission Co.New York Supreme Court · 1818
- Saltmarsh v. TuthillSupreme Court of Alabama · 1848
- Saltmarsh v. P. & M. BankSupreme Court of Alabama · 1848
- Carlisle v. HillSupreme Court of Alabama · 1849
- Saltmarsh v. Plant. & Mer. BankSupreme Court of Alabama · 1850
3 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Sherrill v. Merchants & Mechanics T. & S. BankSupreme Court of Alabama · 1915
- Lewis v. HickmanSupreme Court of Alabama · 1917
- Johnson v. Hanover National BankSupreme Court of Alabama · 1889
- Wildsmith v. TracySupreme Court of Alabama · 1885
- Hart v. AdlerSupreme Court of Alabama · 1895
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