Legal Opinion

Sayre v. Bank of Mobile

Supreme Court of Alabama

Decided June 15, 1839Published

Error to the Circuit court of Mobile. ' Motion on a notice from the Bank, tried by Harris, J. There were four cases between the same parties, similar to each other, which were severally brought up on error. Judgment for defendants in error. The error assigned, was the insufficiency of the judgment and record.

1Opinion of the CourtOrmond, J.

This was a motion in the court below, against the plaintiffs in error, as the endorsers of a bill of exchange, upon which the Bank obtained judgment.

The judgment of the court below, does not disclose that the bill was negotiable and payable at the Bank of Mobile, or that, if payable at any of the other Banks in Mobile, the Bank acquired property in the bill subsequent to the thirtieth of June, eighteen hundred and thirty-seven. These facts sufficiently appear in the notice, but that is not made a part of tlje record. The judgment *424must therefore be reversed, on the authority of the case of…

2Cases cited2 opinions

  1. Bates v. Planters' & Merchants' BankSupreme Court of Alabama · 1838
  2. Levert v. Planters' & Merchants' BankSupreme Court of Alabama · 1838

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