Davenport & Harris Undertaking Co. v. Roberson

It is well understood that under section 9044 of the Code it may be shown in defense of a suit on a promissory note that there was an agreement between the maker and payee that it should not become effective, though placed in the care of the payee, until it was signed by certain other specified persons. Somerall v. Citizens’ Bank, 211 Ala. 630, 101 So. 429; Thompson v. Fourth National Bank, 214 Ala. 452, 108 So. 69; 8 C. J. 205 et seq.; Norwood v. Stinnett, 202 Ala. 349, 80 So. 431; Bank of Tallassee v. Jordan, 200 Ala. 182, 76 So. 930.

We think, however, that the evidence was not sufficient…