Hall v. Tanner & DeLaney Engine Co.
Supreme Court of Alabama
Appeal from the Circuit Court of Geneva. Tried before the Hon. Jesse M. Oarjvjiciiael. This action was brought by the appellant, a corporation chartered under the laws of Virginia, against Nathan Hall; and was commenced on the 22d February, 1887. The complaint contained counts on several promissory notes, to which the name of Hall & Mobley, as a partnership, was signed, alleging that the defendant was one of the partners; and the ■common counts were added.
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Appeal from the Circuit Court of Geneva. Tried before the Hon. Jesse M. Oarjvjiciiael. This action was brought by the appellant, a corporation chartered under the laws of Virginia, against Nathan Hall; and was commenced on the 22d February, 1887. The complaint contained counts on several promissory notes, to which the name of Hall & Mobley, as a partnership, was signed, alleging that the defendant was one of the partners; and the ■common counts were added. The defendant filed a special plea of non est factum, alleging that the notes were not signed by him, nor by any one who was authorized to…
1Opinion of the CourtClopton, J.
The facts clearly shown by the evidence, and admitted by defendant, are: That he originally bought the engine, boiler and other machinery, for which the notes sued on were given, from the agent of the plaintiff, gave his individual notes for the price, less one hundred dollars paid in cash, and promised to secure the same by mortgage on real estate. This mortgage was not executed; but afterwards, the agent, as he testified, delivered the notes to Mobley, whom plaintiff had taken as a partner in the business, and received *365from him the notes sued on, signed by Hall & Mobley; and that this…
2Cases cited1 opinion
- Mooring v. Mobile Marine Dock & Mutual InsuranceSupreme Court of Alabama · 1855
3Cited by4 opinions
- Padgett v. Gulfport Fertilizer Co.Alabama Court of Appeals · 1914
- First National Bank v. CheneySupreme Court of Alabama · 1896
- Cassels v. Alabama City, G. & A. Ry. Co.Supreme Court of Alabama · 1916
- Milton-Freewater & Hudson Bay Irrigation Co. v. SkeenOregon Supreme Court · 1926