Brockway v. Gadsden Mineral Land Co.
Supreme Court of Alabama
Appeal from the City Court of Gadsden. Heard before the Hon. John H. Disque. This was an action brought by the appellee, The Gadsden Mineral Land Company, against the appellant, W. G. Brockway; and counted on a promissory note, which had been executed by the defendant on June 6, 1887, and made “payable to The Gadsden Mineral Land Company.
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Appeal from the City Court of Gadsden. Heard before the Hon. John H. Disque. This was an action brought by the appellee, The Gadsden Mineral Land Company, against the appellant, W. G. Brockway; and counted on a promissory note, which had been executed by the defendant on June 6, 1887, and made “payable to The Gadsden Mineral Land Company. There were pleas filed and demurrers interposed, but there is no assignment of error based on the rulings of the court upon the pleadings, and as these rulings- are not reviewed in the opinion, it is, therefore unnecessary to set them out in detail. On the…
1Opinion of the CourtHaralson, J.
The record in this case is very im*623perfectly made up. No errors are assigned on the rulings on the pleadings, and the course the trial took indicates that it Avas on the general issue and the want of consideration. It was by and before the presiding judge without a jury. It Avas admitted that the plaintiff company was incorporated, and no objection was made to the introduction of the note' sued on.
The note reads as follows : “Gadsden, Ala., June 6, 1887. On demand, I promise to pay to the order of the Gadsden Mineral Land Company, subject to a call by the board of directors, five hundred and…
2Cases cited10 opinions
- Wright v. PaineSupreme Court of Alabama · 1878
- Glenn v. SempleSupreme Court of Alabama · 1885
- Connerly & Co. v. Planter's & Merchants' InsuranceSupreme Court of Alabama · 1880
- Montgomery v. ElliottSupreme Court of Alabama · 1844
- Massie v. ByrdSupreme Court of Alabama · 1888
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