Morris & Blair v. Poillon
Supreme Court of Alabama
Appeal from the Circuit Court of Barbour. Tried before the Hon. J. McCaleb Wiley. This action was brought by C. & A. C. Poillon, against Morris & Blair as late partners.
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Appeal from the Circuit Court of Barbour. Tried before the Hon. J. McCaleb Wiley. This action was brought by C. & A. C. Poillon, against Morris & Blair as late partners. The complaint was in these words: “ The plaintiffs claim of the defendants four hundred and twenty-one -fifa dollars, due by promissory note made by them on the 11th day of January, 1860, and payable to the order of B. M. & E. A. Whitlock & Co. twelve months after date, with interest thereon; said note being the property of plaintiffs.” The defendants demurred to the complaint, and assigned the following causes of demurrer: “…
1Opinion of the CourtPeters, C. J.
The complaint in this case is in the form prescribed by the Code. It contains a statement of all the matters and facts necessary to show that the plaintiffs, primé facie, are entitled to recover. It describes the promissory note which is the foundation of the suit, in the manner designated in the form of complaint given in the Code,, and it avers that the note is “ the property of the plaintiffs.” This is enough. Pickens v. Oliver, 29 Ala. 537; 26 Ala. 552; 36 Ala. 69. The demurrer to the complaint was, therefore, rightfully overruled.
2. The objection to the written contract, offered in…
2Cases cited5 opinions
- Pickens v. OliverSupreme Court of Alabama · 1857
- Hickman v. JonesSupreme Court of the United States · 1870
- Letondal v. HugueninSupreme Court of Alabama · 1855
- Weaver v. LapsleySupreme Court of Alabama · 1868
- Pike v. ElliottSupreme Court of Alabama · 1860
3Cited by7 opinions
- Dickens v. DickensSupreme Court of Alabama · 1911
- Sample v. Tennessee Valley BankSupreme Court of Alabama · 1917
- Clayton v. Bank of East ChattanoogaSupreme Court of Alabama · 1920
- Raia v. GoldbergAlabama Court of Appeals · 1948
- Cairns v. DanielAlabama Court of Appeals · 1917
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