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42 Ala. 456

Eason v. Isbell

Supreme Court of Alabama

Decided January 15, 1868

Supreme Court of Alabama · decided 1868-01-15

Tried before Hon. John Henderson. This action was brought by tbe appellee against tbe appellant ; was commenced on tbe 26th day of April, 1366, and was founded on a bill of exchange for $1,000, drawn by tbe appellant, on, and accepted by one P. M. Thomason, in favor of and endorsed by Taul Bradford, dated December 26th, 1860, at sixty days, payable at tbe office of James Isbell, Talladega, Alabama.

Relies on King v. Pope · Walker v. Blassingame · Creagh v. Savage

Good law ✅— No negative treatment on recordhow we know

Decided 1868-01-15

How this case has been cited

Cited by 4 later decisions — most recently February 1920

4 state decisions

201868187018801890190019101920decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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JUDGE, J.

¶1The bill of exceptions states that, “to the reading of the bill of exchange and the protest as evidence to the jury, the defendant objected severally, on the ground that Robert H. Isbell, the notary public who made the protest is a son of James Isbell, the plaintiff; that the plaintiff admitted that said Robert H. Isbell is a son of James Isbell, the plaintiff; and that the defendant also objected to said protest on the ground that it was otherwise insufficient.”

¶2No specific objection was made to the introduction of the evidence, on the ground of a variance between the bill as described in the complaint and that offered in evidence with the protest; and the appellant must be confined in this court to the specific grounds of objection stated by him in the court below, and must be held to have waived all other grounds of objection to the introduction of the evidence. Creagh v. Savage, 9 Ala. 959; Walker v. Blassingame, 17 Ala. 810; King v. Pope, 28 Ala. 601; Lesslie v. Sims, in manuscript.

¶3The grounds of objection taken in the court below, are untenable.. The relation which exists between a notary and the holder of commercial paper, with regard to the protest thereof, and notice to the drawer or endorsers, is that of principal and agent. — Parke v. Lowrie, 6 Watts & Serg. 507. And we can conceive of no good reason why one who occupies the relation of son to the holder of such paper, if he be a notary, may not act as the agent of his father in his notarial, as well as in any other lawful capacity.

¶4The protest correctly described the bill offered in evidence, and seems to have been in all respects sufficient.

¶5The holder of a bill of exchange, is only bound to present the bill at the place designated for payment. — Evans v. St. John, 9 Porter, 186 ; Chitty on Bills, m. p. 366. The protest shows that such a presentment was made in this case.

¶6The charge of the court was free from error. — Code, §§ 863-1538.

¶7• Judgment affirmed.

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