Hallet v. Branch Bank at Mobile
Supreme Court of Alabama
Error to the Circuit Court of Mobile. Assumpsit by the defendant in error, against the plaintiffs in error, as executors of Joshua Kennedy, endorser of a promissory note.
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Error to the Circuit Court of Mobile. Assumpsit by the defendant in error, against the plaintiffs in error, as executors of Joshua Kennedy, endorser of a promissory note. Upon the trial of the cause, as appears from a bill of exceptions, the plaintiff introduced Edwin Rust, a notary public, who proved, that he either gave the notice personally, or left the notice of non-payment, and protest, mentioned in his protest, at the office of Wm R. Hallett, at the time mentioned in the certificate of protest; but he could not state to whom it was directed, whether to Kennedy or Hallett, but that…
1Opinion of the CourtOrmond, J.
The question involved in this case, has been recently fully considered by this court, in the case of Jones v. Lightfoot, 10 Ala. 17, and Boggs, Ex’r, v. The B. Bank, Ib. 970. These cases hold, that knowledge of the fact of the existence of the debt, by the personal representative, no matter how full, or perfect it may be, will not dispense with a presentment of the claim to the personal representative, as required by the statute. The reason upon which these decisions are based, is, that without a presentment, the personal representative cannot know that the estate he represents, is looked to…
2Cases cited1 opinion
- Jones' Executors v. LightfootSupreme Court of Alabama · 1846
3Cited by11 opinions
- McDowell v. JonesSupreme Court of Alabama · 1877
- Floyd v. ClaytonSupreme Court of Alabama · 1880
- Smith v. FellowsSupreme Court of Alabama · 1877
- Bibb v. MitchellSupreme Court of Alabama · 1877
- Flinn v. ShacklefordSupreme Court of Alabama · 1868
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