Montgomery Bank & Trust Co. v. Kelly
Supreme Court of Alabama
Appeal from Circuit Court, Montgomery County; Leon McCord, Judge. Action by the Montgomery Bank & Trust Company against J. W. Kelly as indorser of certain notes. Judgment for defendant, and plaintiff appeals.
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Appeal from Circuit Court, Montgomery County; Leon McCord, Judge. Action by the Montgomery Bank & Trust Company against J. W. Kelly as indorser of certain notes. Judgment for defendant, and plaintiff appeals. The following are charges requested by and refused to plaintiff: (4) The court charges the jury that if plaintiff agreed to sell the collateral pledged with the noce sued on if they were paid at their maturity, and it failed to do so, then defendant would be entitled to set off against his liability on said note such loss or damage as he sustained from plaintiff’s failure to sell said…
1Opinion of the CourtMcCLELLAN, J.
[1] The plaintiff (appellant) sued the defendant (appellee) on two promissory notes. These notes were for $503.97 and $2,868.96, respectively. They were executed by R. O. Blakey to the defendant on, to wit, June 4, 1909. They respectively matured on October 2 and 6, 1909. The defendant indorsed them to the plaintiff on or about the date of their execution, under limitary circumstances, according to defendant’s contention, to be stated. The complaint, as amended, contained four counts. The first and third counts declare on the note for $503.97, and the second and fourth counts upon the note…
2Cases cited10 opinions
- Wright v. . Bank of the MetropolisNew York Court of Appeals · 1888
- Sloss-Sheffield Steel & Iron Co. v. MitchellSupreme Court of Alabama · 1909
- Sloss-S. S. & I. Co. v. MitchellSupreme Court of Alabama · 1913
- Dickerson v. FinleySupreme Court of Alabama · 1908
- Watson v. Kirby & SonsSupreme Court of Alabama · 1895
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3Cited by5 opinions
- Baldus v. MatternNorth Dakota Supreme Court · 1958
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- De Carli v. O'BrienOregon Supreme Court · 1934
- Montgomery v. YarbroughMississippi Supreme Court · 1942
- Finley v. City of DecaturSupreme Court of Alabama · 1933