Sommerville v. Williams
Supreme Court of Alabama
This was an action of assumpsit brought by Williams, against Summerville, in the Circuit . Court of Franklin county, as endorser of a bond.
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This was an action of assumpsit brought by Williams, against Summerville, in the Circuit . Court of Franklin county, as endorser of a bond. The declaration alleged that on the 27th of December, 1824, one W. Cooper made his writing obligatory of that date, payable to one R. Waggoner on the same day, for Ssííj 75; that on the 28th of December, 1824; Waggoner eudorsed the same to the defendant, who on the same day endorsed it to the plaintiff below ; that on the same day it was presented to Cooper and payment demanded, which was refused, of which the defendant had notice, ike. At the October…
1Opinion of the Court
JUDGE SAFFGLD
delivered the opinion of a majority of the Court. a
Our statute taken m connexion with the common law, . . . ,. iY, , . , , . presents intrinsic difficulty with respect to the remedy on bonds and notes drawn in the usual form, payable at a future day. To what extent they are to be regarded as negotiable securities; whether or not they are en-itled to days of grace ; and what is sufficient diligence against the parties secondarily liable, are questions on which this Court have never been unanimous.
This case however, is not found to involve the difficulty alluded to. The declaration…
2Cited by2 opinions
- Stevens v. ShippenSupreme Court of New Jersey · 1878
- Johnston v. SimsSupreme Court of Alabama · 1833