Foster v. Stafford
Supreme Court of Alabama
Error to the Circuit Court of Tuscaloosa. Before the Hon. T. A. Walker. Assumpsit by tbe defendant in error as indorsee, against the plaintiff in error ás indorser of a promissory note. For ' the facts of the case see the opinion of the court.
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Error to the Circuit Court of Tuscaloosa. Before the Hon. T. A. Walker. Assumpsit by tbe defendant in error as indorsee, against the plaintiff in error ás indorser of a promissory note. For ' the facts of the case see the opinion of the court. In the case of Bates v. Ryland, 6 Ala. 668, 671, it is decided, that two conditions are imposed on the holder of a note, not payable in bank, before an indorser can be charged. 1. A suit to the first court after maturity, or indorsement, must be brought against the maker. 2. That the maker shall be prosecuted to insolvency. If the first of these…
1Opinion of the CourtChilton, J.
The plaintiff in error indorsed the note made by Donoho & Payne to him, for $480 07, to the defendant, in consideration of the sale of a slave, and at the time of indorsing the same, made this further agreement on the back thereof. “I bind myself, and my representatives, not to take advantage of the statute by which indorsers are released from liability after the first court ensuing the maturity of this note. (Signed,) J. J. Foster.” The note was so indorsed on the 20th January, 1842, and fell due the day following. The indorsee did not sue upon the note until the 8th of March, 1845; obtained…
2Cases cited2 opinions
- Turnipseed v. StateSupreme Court of Alabama · 1844
- Bates v. Branch Bank at MobileSupreme Court of Alabama · 1841