Bank of Mobile v. Brown
Supreme Court of Alabama
Appeal from the City Court of Mobile. Tried before the Hon. H. Chamberlain. This action was brought by John M. Brown, against the Bank of Mobile; was commenced on the 16th March, 1866, and was founded on a bill of exchange or bank check, of which the following is a copy : “$1500 00 Bank oe Mobile, ) Mobile, 23d April, 1862. j Pay this, my second check, first unpaid, to the order of Thomas H. Eawls — fifteen hundred dollars, (payable in currency.) Original.
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Appeal from the City Court of Mobile. Tried before the Hon. H. Chamberlain. This action was brought by John M. Brown, against the Bank of Mobile; was commenced on the 16th March, 1866, and was founded on a bill of exchange or bank check, of which the following is a copy : “$1500 00 Bank oe Mobile, ) Mobile, 23d April, 1862. j Pay this, my second check, first unpaid, to the order of Thomas H. Eawls — fifteen hundred dollars, (payable in currency.) Original. J. S. Gbeen, Cashier. Merchants’ Bank, New Orleans. Endorsed, Thomas H. Eawls.” The second count of the complaint was in these words :…
1Opinion of the CourtJudge, J.
It is unnecessary to discuss or decide the question, whether bank checks payable in money, are, or may become negotiable under the law merchant; and to what extent, if any, such checks are governed by the commercial law, as to days of grace, protest, and notice. For authority upon this question, however, see 2 Parson’s on Notes and Bills, 58, and cases cited in notes on pages 58 and 59. Neither is it necessary that we should determine what influence, if any, section 1834 of the Revised Code, taken in connection with section 1838, has upon the question ; said sections reading as follows :…
2Cases cited2 opinions
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