Bates v. Ryland
Supreme Court of Alabama
Whit of error to the County Court of Mobile county. Assumpsit. The declaration contains-three counts; the first and third are against the defendant Ryland, as the indorser of a promissory note, described in the first count as made by McRae &Lang, and in the last, as made by IVlcRae.
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Whit of error to the County Court of Mobile county. Assumpsit. The declaration contains-three counts; the first and third are against the defendant Ryland, as the indorser of a promissory note, described in the first count as made by McRae &Lang, and in the last, as made by IVlcRae. The note is not payable in any bank, and the excuse set out in both counts, for the omission to sue the maker to the first court of the county where he resided, is, that the suit was delayed by the consent of the defendant. The second count, is for money lent by the plaintiff to the defendant. The defendant…
1Opinion of the CourtGoldth Waite, J.
The case now to.be considered, involves the construction of the several statutes defining the liability of indorsers of promissory notes not payable in bank; and this construction will be best come at by a collation of the original statutes.
The act of 1828, was the first which made a distinction between notes payable in and out of bank; and, with respect to the latter class, provided that the assignee might sue the maker and indorser in the same action, if suit was brought to the first court of the county where the maker resided; but, if the assignee failed to join the indorser in the action,…
2Cases cited2 opinions
- Frisbie v. LarnedNew York Supreme Court · 1839
- Woodcock v. CampbellSupreme Court of Alabama · 1835
3Cited by8 opinions
- Shows v. JacksonSupreme Court of Alabama · 1926
- Thomason v. CooperSupreme Court of Alabama · 1877
- Bradford v. HaggerthySupreme Court of Alabama · 1847
- Lake v. GilchristSupreme Court of Alabama · 1845
- Fulford v. Johnson, Hendon & Co.Supreme Court of Alabama · 1849
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