Savage v. Walshe
Supreme Court of Alabama
Appeal from the Circuit Court of Clarke. Tried before the Hon. Lyman Gibbons. Assumpsit by Jonathan Emanuel and Charles Walshe, as assignees of Sidney Smith and David Stodder, trustees of the Planters and Merchants’ Bank of Mobile, against John B. Savage, John Darrington and James Savage, on a promissory note, of which, with the endorsement thereon, the following is a copy ; “ Macon, May 10, 1847. “ $3468 23. Twelve months after date, we, John B. Savage, John Darrington and…
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Appeal from the Circuit Court of Clarke. Tried before the Hon. Lyman Gibbons. Assumpsit by Jonathan Emanuel and Charles Walshe, as assignees of Sidney Smith and David Stodder, trustees of the Planters and Merchants’ Bank of Mobile, against John B. Savage, John Darrington and James Savage, on a promissory note, of which, with the endorsement thereon, the following is a copy ; “ Macon, May 10, 1847. “ $3468 23. Twelve months after date, we, John B. Savage, John Darrington and James Savage, jointly and severally promise to pay the Planters and Merchants’ Bank of Mobile, or order, three thousand,…
1Opinion of the CourtCtOL’DTHWAITE, J.
—The first question presented on the record, is, as to the sufficiency of the declaration.— The action is brought by the appellees, as the assignees of Sidney Smith and Daniel Stodder, trustees of the Planters and Merchants’ Bank, a late corporation ; and describes the note sued on, as dated in May, 1847, and negotiable and payable at said Bank. It further alleges, that before the execution of the note, the corporation was dissolved, and its charter and franchise of banking surrendered to the State, but by virtue of the provisions of the statute of 1843, and the acts amendatory thereto, the…
2Cases cited3 opinions
- Lawson v. StateSupreme Court of Alabama · 1852
- Grayham v. RoberdsSupreme Court of Alabama · 1845
- Dew v. GarnerSupreme Court of Alabama · 1838
3Cited by23 opinions
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- You v. FlinnSupreme Court of Alabama · 1859
- Wampler v. State ex rel. AlexanderIndiana Supreme Court · 1897
- Commissioners Court v. RatherSupreme Court of Alabama · 1872
- Merchants & Planters Line v. WaganerSupreme Court of Alabama · 1882
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