Weinstein v. Citizens Bank
Alabama Court of Appeals
Assumpsit. Appeal from Walker Law and Equity Court. Heard before Hon. T. L. Sowell. Action by tbe Citizens’ Bank against Weinstein Bros, and others trading-under tbe firm name. Judgment for plaintiff, and defendants appeal.
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Assumpsit. Appeal from Walker Law and Equity Court. Heard before Hon. T. L. Sowell. Action by tbe Citizens’ Bank against Weinstein Bros, and others trading-under tbe firm name. Judgment for plaintiff, and defendants appeal. The complaint describes the notes as executed on May 14, 1911, and payable to the American Manufacturing Company, at Lexington, Tenn., in installments of $50 each, till paid (giving the respective dates). And plaintiff avers that said notes were duly transferred by the American Manufacturing Company to plaintiff for a valuable consideration before maturity, and is now…
1Opinion of the Court
BROWN, J.(1) This is an action of assumpsit on a promissory note, and the defendants are described in the summons and the caption of the complaint as “Weinstein Bros., and L. Weinstein and E. Weinstein, partners trading under the firm name of Weinstein Bros.” The first and second counts of the complaint as originally filed aver that the note sued on was executed by “the defendants,” and the third count avers that the note sued on was executed by “Weinstein Bros.” Before the trial was entered upon, the complaint was amended by separate paper filed, adding to each of the counts the following…
2Cases cited13 opinions
- Tabor v. PetersSupreme Court of Alabama · 1883
- Alabama National Bank v. HalseySupreme Court of Alabama · 1895
- B'ham Ry. L. & P. Co. v. NicholasSupreme Court of Alabama · 1913
- Troup v. Morgan CountySupreme Court of Alabama · 1895
- Giles v. WilliamsSupreme Court of Alabama · 1842
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3Cited by7 opinions
- Citizens Nat. Bank v. BuckheitAlabama Court of Appeals · 1916
- Morgan Hill Paving Co. v. Pratt City Sav. BankSupreme Court of Alabama · 1930
- Jones v. MartinAlabama Court of Appeals · 1917
- Quarles v. Kendrick Mercantile Co.Alabama Court of Appeals · 1918
- Simpson v. E. C. Payne Lumber Co.Alabama Court of Appeals · 1919
2 more not listed; retrieve them via the Exa API.