M. C. Kiser Co. v. Gerald
Alabama Court of Appeals
Appeal from Circuit Court, Elmore County; B. K. McMorris, Judge. Assumpsit by the M. C. Kiser Company against N. F. Gerald. From adverse rulings on the pleading forcing plaintiff to a nonsuit, plaintiff appealed: The action was on the common counts and promissory notes.
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Appeal from Circuit Court, Elmore County; B. K. McMorris, Judge. Assumpsit by the M. C. Kiser Company against N. F. Gerald. From adverse rulings on the pleading forcing plaintiff to a nonsuit, plaintiff appealed: The action was on the common counts and promissory notes. In reply the defendant set up his discharge in bankruptcy; that the debt was contracted prior thereto and prior to his petition in bankruptcy; that said debts were provable and were proven and were therefore discharged. Plaintiff’s replication was as follows: “Comes the plaintiff in the above-styled cause, and, for replication…
1Opinion of the CourtSamford, J.
Plaintiff declared in three counts claiming for goods sold and delivered and on four separate promissory notes. The complaint was in legal form and sufficient Defendant pleaded discharge in bankruptcy, making proper allegations to bring his defense within the act of Congress pertaining to bankruptcy of 1898, as amended by act of Congress of 1903 (U. S. Comp. St. § 9586 et seq.). Plaintiff replied, that the claim sued on was excepted from the provisions of the Bankruptcy Act, by reason of the fact that the goods and merchandise, the consideration of the obligations sued on were obtained from…
2Cases cited5 opinions
- Berberet v. BerberetSupreme Court of Missouri · 1895
- Argall v. . JacobsNew York Court of Appeals · 1881
- Strauch v. FlynnSupreme Court of Minnesota · 1909
- Blackman v. McAdamsMissouri Court of Appeals · 1908
- Broadnax v. Bradford & Co.Supreme Court of Alabama · 1874
3Cited by5 opinions
- Hulsey v. M. C. Kiser Co.Alabama Court of Appeals · 1925
- Gerald v. M. C. Kiser Co.Supreme Court of Alabama · 1923
- Green v. Southern Poultry CompanySupreme Court of Alabama · 1963
- M. C. Kiser Co. v. GeraldSupreme Court of Alabama · 1921
- In Re GeraldSupreme Court of Alabama · 1921