Foard v. Johnson
Supreme Court of Alabama
This was an action of assumpsit brought by the defendant in error, in the County Court of Sumter, upon a bill of exchange, for two thousand two hundred and nineteen and forty-one hundredths dollars, drawn by the plaintiff in error, at Mobile, on the 28th of January, 1837, in favor of Jas. Bates, Jr., on Jas. F. Roberts. The plaintiff below claims title to the bill as an indorsee. The cause was tried on the general issue.
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This was an action of assumpsit brought by the defendant in error, in the County Court of Sumter, upon a bill of exchange, for two thousand two hundred and nineteen and forty-one hundredths dollars, drawn by the plaintiff in error, at Mobile, on the 28th of January, 1837, in favor of Jas. Bates, Jr., on Jas. F. Roberts. The plaintiff below claims title to the bill as an indorsee. The cause was tried on the general issue. At the trial, the presiding Judge sealed a bill of exceptions, at the instance of the defendant below. The only evidence offered on the part of the plaintiff below, was the…
1Opinion of the CourtCollier, C. J.
— The only question raised at the argument was this: where a bill is dated at a particular place, can the drawer be chárged by a notice of non-payment, deposited in the Post Office, addressed to him at that place, although it appear, that he did, at the time the bill was made, and has ever since resided elsewhere, much nearer other Post Offices, than that in which the notice was deposited ?. In the case of McGrew v. Toulmin, 2 Stewt. & Por. Rep. 436, Judge Taylor held, that it was not sufficient to look for the drawer at the place the bill was dated, if his residence be elsewhere. Drafts are…
2Cited by5 opinions
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