Bibb v. McQueen

Decided January 15, 1868

Supreme Court of Alabama · decided 1868-01-15

Heard before the Hon. George Goldthwaite. This action was brought by the appellee against the appellant; was commenced on the 11th day of May, 1866, and was founded on a bill of exchange drawn by the appellant, payable to the order of appellee, at the Central Bank of Alabama. It was endorsed on the back, “John W. McQueen, per J. Whiting.” There was a verdict and judgment for the plaintiff.

Cited by 3 later decisions — most recently November 1898

3 state decisions

Relies on Bishop v. Blair · Gindrat v. Mechanics' Bank of Augusta

Good law ✅— No negative treatment on recordhow we know

Decided 1868-01-15

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BYRD, J.

¶11. At the maturity of the bill, the appellee being a resident of the State of Florida, notice of the dishonor of the bill was properly sent by post to the drawer, according to the law merchant. No usage or custom of the bank was necessary to be established to authorize the mode in which the notice was sent.— Gindrat v. The Merchant’s Bank of Augusta, 7 Ala. 324.

¶2The evidence which was admitted against the objection of the appellant, was merely redundant, and could not have affected the rights of either party. Its admission was, therefore, at most, erroneous without being injurious. Bishop v. Blair, 36 Ala. 80.

¶32. The appellant asked two charges which were refused. The court committed no error in its refusal to give them.

¶4It results that the judgment of the court must be affirmed.