Crawford v. Branch Bank of Alabama at Mobile

THIS was a writ of error sued out under the twenty-fifth section of the Judiciary Act, and directed to the Supreme Court of Alabama.

In May, 1841, the following promissory note was executed:--

'$3,817.50.

'Two hundred and fifteen days after date, we jointly and severally promise to pay to B. Gayle, cashier, or order, three thousand eight hundred and seventeen 50/100 dollars, negotiable and payable at the Branch of the Bank of the State of Alabama, at Mobile, for value received, this 31st day of May, 1841.

'WILLIAM CRAWFORD,

DAVID FILES,

R. G. GORDON.'

On the 4th of December, 1841, the legislature passed an act, from which the following is an extract:-'All notes, bills. bonds, or other evidences of debt, held by the State Bank or branch banks, payable to the cashier or to the person who has filled the office of cashier of said bank or branch banks, may be sued and collected in the name of the several banks, in the same manner as if they had been made payable directly to said bank or branch banks by which the paper has been taken or discounted.' 'No notice, writ, declaration, or judgment which has been issued, filed, or rendered on such papers, shall be abated, set aside, or reversed, on account of the want of assignment, transfer, or indorsement of said papers by the officer or person acting as cashier to whom it was so made payable. But the legal title to such paper for all purposes of collection shall be deemed to have been in said bank or branch bank by whom the paper was discounted.' See Clay's Digest, p. 112, §§ 47, 48.

In May, 1844, judgment was entered up upon the above note in a summary manner, upon motion and thirty days' notice, according to the law of that State. A jury was sworn, who assessed the damages at $4,537.20.

The defendants took the following bill of exceptions, viz.:--

'Upon the trial of this cause, the plaintiff produced the original papers hereto attached, marked A, being the notice, the certificates and returns, the note, and protest, and moved for judgment without further proof of the same. The defendants objected to the court taking cognizance of the case or allowing judgment, which was overruled and judgment entered; to which the defendants object, and pray the court to sign and seal this bill, which is done.

'SAMUEL CHAPMAN, Judge. [SEAL.]'