Ex Parte E. C. Payne Lumber Co.
Supreme Court of Alabama
Certiorari to Court of Appeals. Petition by the E. C. Payne Lumber Company for certiorari to the Court of Appeals to review and revise the judgment of said court rendered in the case of Mary Simpson v. E. C. Payne Lumber Co., 82 South. 649. Counts 1 and 2 as amended are as follows: (1) “Plaintiff claims of the defendant the sum, of $621.50 due from her on, to wit, August 1st, 1915, for merchandise, goods and chattels sold and delivered to her, to wit, lumber, building…
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Certiorari to Court of Appeals. Petition by the E. C. Payne Lumber Company for certiorari to the Court of Appeals to review and revise the judgment of said court rendered in the case of Mary Simpson v. E. C. Payne Lumber Co., 82 South. 649. Counts 1 and 2 as amended are as follows: (1) “Plaintiff claims of the defendant the sum, of $621.50 due from her on, to wit, August 1st, 1915, for merchandise, goods and chattels sold and delivered to her, to wit, lumber, building material, etc., in the year 1915.” Count 2 claims for an account due. The orders referred to are as follows: In count 3: “To…
1Opinion of the CourtMcCLELLAN, J.
[1] The opinion of the Court of Appeals in this litigation appears as Simpson v. Payne Lumber Co., 82 South. 649-652. The written orders given the lumber company by Ross on Mrs. Simpson, set out in counts 6, 7, S, and 9 of the amended complaint, were not bills of exchange or other character of instrument falling within the purview of the Uniform Negotiable Instruments Law (Code 1907, c. 115, vol. 2), and hence such rights as they created or such obligation as they imposed were not determinable by reference to the law governing negotiable instruments. See Code, § 5075. Common-law principles,…
2Cases cited9 opinions
- Whilden & Sons v. Merchants' & Planters' National BankSupreme Court of Alabama · 1879
- Callan v. McDanielSupreme Court of Alabama · 1882
- City of Birmingham v. PooleSupreme Court of Alabama · 1910
- Ehrichs v. . De MillNew York Court of Appeals · 1878
- Hunt v. Johnson, Parke & Co.Supreme Court of Alabama · 1892
4 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- A. B. C. Truck Lines, Inc. v. KenemerSupreme Court of Alabama · 1946
- Richardson v. StateSupreme Court of Alabama · 1920
- Rogers v. McLeskeySupreme Court of Alabama · 1932
- Birmingham Electric Co. v. WoodSupreme Court of Alabama · 1930
- Henry v. WhiteSupreme Court of Alabama · 1932
8 more not listed; retrieve them via the Exa API.