Cochran v. Burdick Bros.
Alabama Court of Appeals
Assumpsit. Appeal from Winston Circuit Court. Heard before Hon. J. J. Curtis. Action by J. C. Cochran against Burdick Bros. From a judgment for defendants, plaintiff appeals. Plea 2 is as follows: “S'aid instrument sued on is without consideration.”
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Assumpsit. Appeal from Winston Circuit Court. Heard before Hon. J. J. Curtis. Action by J. C. Cochran against Burdick Bros. From a judgment for defendants, plaintiff appeals. Plea 2 is as follows: “S'aid instrument sued on is without consideration.” (3) “The consideration of the instrument sued on has failed in this: The instrument sued on was given as a settlement or in consideration of certain goods which the defendant agreed to purchase from the Equitable Manufacturing Company, and the said goods were purchased, and said acceptance given, with the express understanding and agreement that…
1Opinion of the Court
de GEAFFENRIED, J.
Tbe only questions presented by this record arose on tbe pleadings, and it is *278to the consideration of those questions that this opinion is addressed.
1. Plea 2 was a special plea, setting up that the instrument sued on “is without consideration.” Under our system of pleading, the plea was sufficient. — Giles v. Williams, 3 Ala. 316, 37 Am. Dec. 692; Kolsky v. Enslen, 103 Ala. 97, 15 South. 558; Ragsdale v. Gresham, 141 Ala. 308, 37 South. 367.
2. Treating each count of the complaint as an action by the assignee of a negotiable instrument against its maker, pleas 3 and 4 were…
2Cases cited10 opinions
- Woodson v. StateSupreme Court of Alabama · 1910
- Parker v. BondSupreme Court of Alabama · 1898
- Alabama National Bank v. HalseySupreme Court of Alabama · 1895
- Giles v. WilliamsSupreme Court of Alabama · 1842
- Sheppard v. FurnissSupreme Court of Alabama · 1851
5 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Vaughn v. VaughnCourt of Appeals of Texas · 1926
- Weinstein v. Citizens BankAlabama Court of Appeals · 1915
- James v. CortrightSupreme Court of Alabama · 1930