People's Bank v. Moore
Supreme Court of Alabama
Appeal from Circuit 'Court, Mobile Couuty; Saffold Berney, Judge. Assumpsit by the People’s Bank of Mobile against I-Iattie B. Moore. Judgment for defendant, and plaintiff appeals. The action is on three promissory notes, of like amount and tenor, which are separately declared on in counts 5, 6, and 7. Count 8 is for a reasonable attorney’s fee for the collection of these notes.
Read the full summary
Appeal from Circuit 'Court, Mobile Couuty; Saffold Berney, Judge. Assumpsit by the People’s Bank of Mobile against I-Iattie B. Moore. Judgment for defendant, and plaintiff appeals. The action is on three promissory notes, of like amount and tenor, which are separately declared on in counts 5, 6, and 7. Count 8 is for a reasonable attorney’s fee for the collection of these notes. Count 5 is as follows: Plaintiff claims of defendant the further sum of $2,000, due by promissory note madd by the Southern Dredging Company, a corporation, on May 21, 1914, and payable on demand, which note was…
1Opinion of the CourtSomerville, J.
The notes sued on are dated May 21, 1914, and were presumptively executed on that date. They are payable “on demand after date.” On their faces they are, as to their maker, unquestionably negotiable instruments, payable unconditionally, and without restriction as to the source from which the funds for their payment are to be drawn.
The defendant did not execute the notes as a maker, but indorsed them before delivery, and is sued as indorser. Her liability depends upon the terms of her indorsement as expressed upon the back of the paper, viz.:
“The undersigned indorsers assume the contract shown…
2Cases cited8 opinions
- Alabama Western Railroad v. Talley-Bates Const. Co.Supreme Court of Alabama · 1909
- Blackman v. Lehman, Durr & Co.Supreme Court of Alabama · 1879
- First National Bank v. LightnerSupreme Court of Kansas · 1906
- Kimpton v. Studebaker Bros.Idaho Supreme Court · 1908
- First National Bank v. SullivanWashington Supreme Court · 1911
3 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Oppenheim v. City of FlorenceSupreme Court of Alabama · 1934
- Kimmons v. Jefferson County Board of EducationSupreme Court of Alabama · 1920
- Strand Amusement Co. v. FoxSupreme Court of Alabama · 1921
- Rhodes v. SchofieldSupreme Court of Alabama · 1955
- Herbert v. PerrySupreme Court of Alabama · 1937
9 more not listed; retrieve them via the Exa API.