Dickinson v. Branch Bank at Mobile
Supreme Court of Alabama
Writ of Error to the Circuit Court of Mobile. This was a proceeding by notice and motion, at the suit of the defendant in error, against the plaintiff, as the acceptor of a bill of the following tenor : “¡$1,000. Mobile, May 31, 1841. Sir — On the 20th day of December next, pay to David Files, or order, one thousand dollars, (this my second exchange, first of the same tenor and date unpaid,) negotiable and payable at the Merchants’ Bank in the city of New York, for'value…
Read the full summary
Writ of Error to the Circuit Court of Mobile. This was a proceeding by notice and motion, at the suit of the defendant in error, against the plaintiff, as the acceptor of a bill of the following tenor : “¡$1,000. Mobile, May 31, 1841. Sir — On the 20th day of December next, pay to David Files, or order, one thousand dollars, (this my second exchange, first of the same tenor and date unpaid,) negotiable and payable at the Merchants’ Bank in the city of New York, for'value received, and charge the same to the account of Your ob’t servant, Wm. Ceawfoed. To Wm. C. Dickinson, Esq., Mobile. On the…
1Opinion of the CourtCollier, C. J.
In Hanrick v. Andrews & Bros. 9 Porter’s Rep. 9, it was decided that where parties enter into a contract, without any stipulation for interest, but upon which, on default of payment, interest accrues, its rate must be ad-measured by the laws of the country where the contract was made ; unless the parties contracted in reference to another jurisdiction, in which case the lex loci solutionis will govern. A bill thus drawn in N. York, payable in Alabama, if not paid at maturity, will draw interest according to the law .of the latter, when sought to be enforced against the acceptor. His…
2Cases cited1 opinion
- Hargrove v. J. Smith & Co.Supreme Court of Alabama · 1840
3Cited by5 opinions
- King v. Kent's HeirsSupreme Court of Alabama · 1857
- Hayes v. Southern Home Building & Loan Ass'nSupreme Court of Alabama · 1899
- Hunt's v. HallSupreme Court of Alabama · 1861
- Lammars v. Chicago Great Western RailroadSupreme Court of Iowa · 1919
- Trammell v. Hudmon & BrotherSupreme Court of Alabama · 1876