Brown v. First National Bank
Supreme Court of Alabama
Appeal from the Circuit Court of Tuscaloosa. Tried before tbe Hon. S. H. Sprott. This was an action brought by the appellee, the First National Bank of Tuscaloosa, against J. Wick Brown; and counted on a promissory note. The facts of the case are sufficiently stated in the opinion. The defendant offered to introduce evidence tending to show that there was no such place as the Tuscaloosa Fence Factory.
Read the full summary
Appeal from the Circuit Court of Tuscaloosa. Tried before tbe Hon. S. H. Sprott. This was an action brought by the appellee, the First National Bank of Tuscaloosa, against J. Wick Brown; and counted on a promissory note. The facts of the case are sufficiently stated in the opinion. The defendant offered to introduce evidence tending to show that there was no such place as the Tuscaloosa Fence Factory. The plaintiff objected to the introduction of this testimony, the court sustained the objection, and the defendant duly excepted. Upon the hearing of all the evidence, the court, at the request…
1Opinion of the CourtHaralson, J.
The note sued on in this case reads as follows: “Tuscaloosa, Alabama, April 28, 1891. Six months after date, I promise to pay to the order of W. B. Pollett & Co., the sum of one hundred and twenty-five dollars, value received, with interest from the 28 day of April, 1891, and do hereby expressly waive all exemption rights under the constitution and laws of the State of Alabama. Payable at Tuscaloosa Fence Factory. J. Wick Brown.”
The defenses set up were want and failure of consideration, fraud in procuring the execution of the note, and that at the time of its execution there was not, “and at…
2Cases cited14 opinions
- Snider's Sons' Co. v. TroySupreme Court of Alabama · 1890
- Glidden v. HenryIndiana Supreme Court · 1885
- Central Agricultural & Mechanical Ass'n v. Alabama Gold Life InsuranceSupreme Court of Alabama · 1881
- Blackman v. Lehman, Durr & Co.Supreme Court of Alabama · 1879
- Marion Savings Bank v. DunkinSupreme Court of Alabama · 1875
9 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Scott v. TaulSupreme Court of Alabama · 1896
- Woodall & Sons v. People's National BankSupreme Court of Alabama · 1907
- Orr v. SparkmanSupreme Court of Alabama · 1897
- Bickart v. City of ColumbiaSupreme Court of Alabama · 1912
- Morrow v. ShuffSupreme Court of Alabama · 1929