Legal Opinion

Calkins v. Vaughan

Supreme Court of Alabama

Decided June 15, 1927No. 3 Div. 791PublishedCited by 15 opinions

1Opinion of the CourtSomerville, J.

The pleadings in this ease are unnecessarily voluminous, and we shall not undertake to deal with them in a detailed and technical way.

The action is a simple one to recover on a promissory note; the theory of defendant’s liability being, as stated in the several counts, that he executed the note as a maker, or as an ordinary indorser, or as an accommodated (not accommodation) indorser.

The special defenses set up are (1) that presentment for payment was not made at all, or not properly made, and (2) that notice of, nonpayment or dishonor by the maker, Stanley, was not seasonably given to…

2Cases cited2 opinions

  1. Sherrod v. RhodesSupreme Court of Alabama · 1843
  2. Roberts v. MasonSupreme Court of Alabama · 1840

3Cited by15 opinions

  1. Trusts & Guarantee Co. v. BarnhardtNew York Court of Appeals · 1936
  2. Denson v. Kirkpatrick Drilling Co.Supreme Court of Alabama · 1932
  3. Keller v. Provident Life & Accident Ins.Supreme Court of South Carolina · 1948
  4. Corinth Bank & Trust Co. v. CochranSupreme Court of Alabama · 1929
  5. Jensen v. Traders & General InsuranceCalifornia Court of Appeal · 1956

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