Bickart v. City of Columbia
Supreme Court of Alabama
Appeal from Houston Circuit Court. Heard before Hon. H. A. Pearce. Action by Bluthenthal & Bickart against the city of Columbia upon certain promissory notes. Judgment for defendant and plaintiff appeals.
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Appeal from Houston Circuit Court. Heard before Hon. H. A. Pearce. Action by Bluthenthal & Bickart against the city of Columbia upon certain promissory notes. Judgment for defendant and plaintiff appeals. The note was a commercial paper. — Acts 1909, p. 154. Cities have power to borrow money and make notes. — Sec. 1409. Power to borrow carries with it the power to issue the usual evidence of indebtedness. — Lytle v. Bank, 121 Ala. 215; 138 U. S. 1609. A town is equally bound by its contract as an individual. — State ex rel. v. Cobb, 64 Ala. 127; 98 Am. Dec. 646; 64 Am. Dec. 423. The city is…
1Opinion of the CourtMayfield, J.
Appellants, a private corporation, sued appellee, a municipal corporation, on a bond or note executed by the municipality to the appellants, on July 29, 1907, due one year thereafter. To the complaint the defendant filed a plea alleging that at the *400time the note sued on was. executed, appellant corporation was a partnership composed of Aaron Bluthenthal and Monroe Bickart; that defendant was a municipal corporation, carrying on a dispensary under a general •law known as the Moody dispensary law; that the appellants as such partnership attempted to sell to the defendant a lot of. spirituous,…
2Cases cited5 opinions
- Hall & Brown Woodworking Machine Co. v. Haley Furniture & Mfg. Co.Supreme Court of Alabama · 1911
- Goodbar, White & Co. v. DanielSupreme Court of Alabama · 1889
- Bluthenthal v. Town of HeadlandSupreme Court of Alabama · 1901
- Lea v. Iron Belt Mercantile Co.Supreme Court of Alabama · 1906
- Brown v. First National BankSupreme Court of Alabama · 1893
3Cited by8 opinions
- Citizens Nat. Bank v. BuckheitAlabama Court of Appeals · 1916
- Estate of Philpott v. PhilpottSupreme Court of Iowa · 1915
- Merchants National Bank v. GrigsbySupreme Court of Iowa · 1914
- Elkin Henson Grain Co. v. WhiteMississippi Supreme Court · 1924
- Whitehead v. CokerAlabama Court of Appeals · 1917
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