Ala. Nat. Bank v. C. C. Parker & Co.
Supreme Court of Alabama
Appeal from Marshall Circuit Court. Heard before Hon. W. W. Haralson. ■. Action by the Alabama National Bank against C. C. Parker & Co. From a judgment for defendants, plain - 1 iff appeals. • For ¡pleadings and facts in this case, see former report, 146 Ala. 573, 40 South. 987. Demurrers should have been sustained to defendant’s amended pleas 1 and 1%. — Ala. Nat.
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Appeal from Marshall Circuit Court. Heard before Hon. W. W. Haralson. ■. Action by the Alabama National Bank against C. C. Parker & Co. From a judgment for defendants, plain - 1 iff appeals. • For ¡pleadings and facts in this case, see former report, 146 Ala. 573, 40 South. 987. Demurrers should have been sustained to defendant’s amended pleas 1 and 1%. — Ala. Nat. Bank v. Parker & (Jo., 146 Ala. 513. The original contract of purchase for future delivery of the fertilizer was free from legal objections. — Authority supra. If the contract is innocent and in carrying it into effect a violation…
1Opinion of the CourtMcCLELLAN, J.
— On former appeal of this case (Ala. National Bank v. Parker, 146 Ala. 513, 40 South. 987) it was ruled that, though the elements constituting one a bona fide purcaser for value and without notice are present, in an action on a note given for fertilizer sold in this state, such matter is unavailing as an answer to a plea setting up the absence of tags on fertilizer sold in violation of section 386 of the Code of 1896, and, further, that the considerations underlying the several notes sued on were separable, and that the . partial or entire illegality of consideration of one or more of the *600not…
2Cases cited2 opinions
- Capehart v. Furman Farm Improvement Co.Supreme Court of Alabama · 1893
- Ala. Nat. Bank v. Parker & Co.Supreme Court of Alabama · 1906
3Cited by5 opinions
- Central of Georgia Ry. Co. v. Southern Ferro Concrete Co.Supreme Court of Alabama · 1915
- Elkin Henson Grain Co. v. WhiteMississippi Supreme Court · 1924
- Whitehead v. CokerAlabama Court of Appeals · 1917
- Iron City Grain Co. v. ArnoldSupreme Court of Alabama · 1927
- Nelson v. DarleySupreme Court of Alabama · 1939