Bruce v. Citizens National Bank
Supreme Court of Alabama
Appeal from Clay County' Court. Heard before Hon. D. H. Riddle, Special Judge. Assumpsit by the Citizens’ National Bank of Line-ville against John S. Bruce. Judgment for plaintiff, and defendant appeals. The pleas were: (1) Tbe general issue. (2) Failure of consideration. (3) Failure of consideration.
Read the full summary
Appeal from Clay County' Court. Heard before Hon. D. H. Riddle, Special Judge. Assumpsit by the Citizens’ National Bank of Line-ville against John S. Bruce. Judgment for plaintiff, and defendant appeals. The pleas were: (1) Tbe general issue. (2) Failure of consideration. (3) Failure of consideration. (4) “The note wbicb forms tbe foundation of this suit was procured from defendant for one share preferred stock to be issued by tbe Atlantic Furniture & Lumber Company of wbicb tbe cashier of plaintiff bank was secretary and treasurer, and defendant avers that before said note was executed that…
1Opinion of the CourtSayre, J.
Plaintiff bank, appellee, sued as transferee of a promissory note for $100 made payable to the Atlantic Furniture & Lumber Company, a corporation. The record proper and the bill of exceptions differ in their recitals of the rulings on demurrers to the several pleas filed. We are concluded by the record proper. On demurrer, plea 3 was held insufficient, leaving on the file a so-called plea of the general issue, about which no question has been raised, and pleas 2, 4, and 5. Plea 2 was that the note in suit was wholly without consideration. The evidence showed Avithout dispute that this defense…
2Cases cited4 opinions
- Central of Georgia Railway Co. v. JosephSupreme Court of Alabama · 1899
- Terrell v. Branch Bank at MobileSupreme Court of Alabama · 1847
- Reid v. Bank of MobileSupreme Court of Alabama · 1881
- Louisville & Nashville Railroad v. WalkerSupreme Court of Alabama · 1900
3Cited by10 opinions
- Sherrill v. Merchants & Mechanics T. & S. BankSupreme Court of Alabama · 1915
- Spires v. JonesSupreme Court of Alabama · 1924
- Morriss v. O'ConnorSupreme Court of Alabama · 1921
- Tennessee Valley Bank v. WilliamsSupreme Court of Alabama · 1945
- Williams v. FundaburkSupreme Court of Alabama · 1938
5 more not listed; retrieve them via the Exa API.