Long v. Gwin
Supreme Court of Alabama
Appeal from City Court of Bessemer; G. F. Goodwyn, Special Judge. Action by J. O. B. Gwin against R. H. Long and others upon promissory note. Judgment for plaintiff, and defendants Long and Newman appeal. Transferred from Court of Appeals under Acts 1911, p. 449, § 6. The complaint declares for money due by bill single made by the defendants Newman and Long.
Read the full summary
Appeal from City Court of Bessemer; G. F. Goodwyn, Special Judge. Action by J. O. B. Gwin against R. H. Long and others upon promissory note. Judgment for plaintiff, and defendants Long and Newman appeal. Transferred from Court of Appeals under Acts 1911, p. 449, § 6. The complaint declares for money due by bill single made by the defendants Newman and Long. The instrument offered in evidence is a promissory note negotiable and payable at Bessemer State Bank, signed by G. H. Smith, J. T. Busby, and T. F. Johnson on its face, and the names of these defendants and nine others are signed on its…
1Opinion of the CourtSomerville, J.
[1, 2] At common law a “bill single” was an unconditional written promise to pay money, under the seal of the obligor. It was not negotiable, and, though identical in form with a promissory note, it was technically distinct, so that a complaint declaring on the one instrument was not supported by proof of the other. McCrummen v. Campbell, 82 Ala. 566, 2 South. 482; Davis v. McWhorter, 122 Ala. 570, 26 South. 119.
This has been changed, and this law of variance abrogated, by the Negotiable Instruments' Law, which declares that—
“The validity and negotiable character of an instrument are not…
2Cases cited6 opinions
- Lytle & Co. v. Bank of DothanSupreme Court of Alabama · 1898
- Long v. GwinSupreme Court of Alabama · 1914
- Browning & Co. v. GradySupreme Court of Alabama · 1847
- Carroll v. CorbittSupreme Court of Alabama · 1877
- Davis v. McWhorterSupreme Court of Alabama · 1898
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Wright v. McCordSupreme Court of Alabama · 1920
- Case v. McKinnisOregon Supreme Court · 1923
- Davis v. AndersonSupreme Court of Alabama · 1929
- Valentine v. HayesSupreme Court of Florida · 1931
- Pickett v. Bank of EllijaySupreme Court of Georgia · 1936
5 more not listed; retrieve them via the Exa API.