Morris v. Birmingham National Bank
Supreme Court of Alabama
Action on Promissory Note, by Indorsee'against Indorser. Appeal from the Circuit Court of Jefferson. Tried before the Hon. James B. Head.
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Action on Promissory Note, by Indorsee'against Indorser. Appeal from the Circuit Court of Jefferson. Tried before the Hon. James B. Head. This action was brought by the Birmingham National Bank, against Mrs. B. C. Morris as the administratrix of the estate of B. O. Scott, deceased, who was her former husband; and was commenced on the 22d March, 1890. The third count of the complaint, on which a recovery was had by the plaintiff, was founded on a promissory note for $2,000, executed by John W. Read, payable to said B. C. Scott, and by him indorsed to the plaintiff; the note being dated October…
1Opinion of the CourtClopton, J.
— The note sued on was made by John W. Read, payable to B. C. Scott, defendant’s intestate, at the Birmingham National Bank, and by him indorsed to the bank. It being admitted that payment of the note was not demanded of the maker, and that due and legal notice of its dishonor was not given, so as to charge the indorser, it devolved on plaintiff to show a sufficient excuse for failure to give the notice. Eor this purpose the depositions of Read, the maker, were introduced to prove that the note was made for the accommodation of Scott, the indorser. Defendant objected to the competency of the…
2Cases cited3 opinions
- Daily's Adm'r v. DailySupreme Court of Alabama · 1880
- Brown v. FleischnerOregon Supreme Court · 1871
- Keyes v. WinterSupreme Judicial Court of Maine · 1867
3Cited by5 opinions
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- O'Neal v. ClarkSupreme Court of Alabama · 1934
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