Lesser v. Scholze
Supreme Court of Alabama
Action on Promissory Note, by Payee against Maker. Appeal from the City Court of Birmingham. Tried before the Hon. H. A. Sharpe.
1Opinion of the CourtMcCLELLAN, J.
— This is an action by Scholze against Lesser, on a promissory note. The paper is declared on in the first and second counts of the complaint as having been, and it is set out in the third count as being, executed on April 25th, 1884. Five pleas were interposed. Of these, three set up payment, want of consideration, and failure of consideration, respectively. No question relating to these defenses is reserved. The two remaining pleas aver, respectively, ‘-that the date of the instrument sued on has been altered without the knowledge or consent of the makers, since the said instru*339ment was…
2Cases cited13 opinions
- Montgomery v. CrossthwaitSupreme Court of Alabama · 1890
- Barclift v. TreeceSupreme Court of Alabama · 1884
- Anderson v. Bellenger & RallsSupreme Court of Alabama · 1888
- Tuskaloosa Cotton-Seed Oil Co. v. PerrySupreme Court of Alabama · 1887
- Wimberly v. DallasSupreme Court of Alabama · 1875
8 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Sulzby v. PalmerSupreme Court of Alabama · 1916
- Moore v. WilliamsonSupreme Court of Alabama · 1923
- Glover v. GentrySupreme Court of Alabama · 1893
- Sulzby v. PalmerSupreme Court of Alabama · 1916
- Smith v. Hiles-Carver Co.Supreme Court of Alabama · 1894
5 more not listed; retrieve them via the Exa API.