Supreme Court of Alabama January 15, 1828 (Pope v. Nance ex rel. Lucas)

By JUDGE GAYLE,

after stating the facts.

The first point insisted on is, that the failure of Lucas to offer to return the note received in payment to Pope, within a reasonable time after Turner alleged it was a forgery as to him, discharged the plaintiffs in error from their liability; and that he ought to have offered to return it before he sued Turner.