First Nat. Bank of Montgomery v. Slaughter
Supreme Court of Alabama
Appeal from Crenshaw Circuit Court. Tried before the Hon. John P. Hubbakd. The appellant brought this action against N. M. Slaughter, J. L. Slaughter and D. L. Slaughter, as follows: The plaintiff claims of the defendants the sum of two hundred and forty-five dollars, with interest thereon from Oct. 1, 1889, due by, and upon the following contract: “Patsburg, Ala., July 15, 1889. For value received, the undersigned, of the countv of Crenshaw, State of Alabama, jointly and…
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Appeal from Crenshaw Circuit Court. Tried before the Hon. John P. Hubbakd. The appellant brought this action against N. M. Slaughter, J. L. Slaughter and D. L. Slaughter, as follows: The plaintiff claims of the defendants the sum of two hundred and forty-five dollars, with interest thereon from Oct. 1, 1889, due by, and upon the following contract: “Patsburg, Ala., July 15, 1889. For value received, the undersigned, of the countv of Crenshaw, State of Alabama, jointly and severally promise to pay to tbe order of Montgomery Iron Works, two hundred and" forty-five dollars, payable at First…
1Opinion of the CourtColeman, J.
The instrument sued on possesses all the requisites of commercial paper. It is made payable absolutely at a designated bank, for a sum certain, and at a defi.nite time. The fact that it contains a provision for the payment of attorney’s fees, a waiver of exémptions, or the retention of the legal title to the property for which it was grwen as security for the payment of the debt, does not impede its circulation or impair its validity as negotiable paper. Montgomery v. Crossthwaite, 90 Ala. 553; McGhee v. Imp. & *604Tra. Bank, 93 Ala. 192. The Circuit Court was in error in holding that the paper,…
2Cases cited5 opinions
- Montgomery v. CrossthwaitSupreme Court of Alabama · 1890
- Barton v. BartonSupreme Court of Alabama · 1883
- McGhee v. Importers & Traders National BankSupreme Court of Alabama · 1890
- Johnson v. Hanover National BankSupreme Court of Alabama · 1889
- Ross v. Drinkard's Adm'rSupreme Court of Alabama · 1860
3Cited by13 opinions
- Citizens Nat. Bank v. BuckheitAlabama Court of Appeals · 1916
- Slaughter v. First National BankSupreme Court of Alabama · 1895
- Perry National Bank v. EngnellSupreme Court of Iowa · 1924
- Ex parte BledsoeSupreme Court of Alabama · 1913
- Fleming v. SherwoodNorth Dakota Supreme Court · 1912
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