Pizitz Mercantile Co. v. M. Cohen & Sons
Supreme Court of Alabama
Appeal from Circuit- Court, Tuscaloosa County; Henry B. Poster, Judge. Action by M. Cohen & Sons, partners, against the Pizitz Mercantile Company on a promissory note. Judgment for defendant, which, on plaintiff’s motion, was set aside, and new trial ordered, and from the latter order, defendant appeals.
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Appeal from Circuit- Court, Tuscaloosa County; Henry B. Poster, Judge. Action by M. Cohen & Sons, partners, against the Pizitz Mercantile Company on a promissory note. Judgment for defendant, which, on plaintiff’s motion, was set aside, and new trial ordered, and from the latter order, defendant appeals. The note was ultra vires the corporation. 120 Ala. 128, 26 South. 494; 58 South. 740 ; 10 Cyc. 1099. Being entitled to the affirmative charge, the defendant was injured by the granting of a new trial. 17 Ala. App. 251, 84 South. 559. The evidence palpably supported the verdict, and the court…
1Opinion of the CourtSayre, J.
Plaintiffs, M. Cohen & Sons, brought this action on a promissory note executed by Joseph Saks and Pizitz-Saks Mercantile Company, a corporation. A plea of bankruptcy filed by Joseph Saks was not contested, and he went out of the case. It was alleged and admitted that defendant corporation had been organized under the name of Pizitz-Saks Mercantile Company, and that subsequently to the execution of the note in suit had changed its corporate name to Pizitz Mercantile Company. The defense was that defendant corporation had executed the note as surety for Joseph Saks, and not otherwise, and that…
2Cases cited5 opinions
- Henry v. Murphy & Co.Supreme Court of Alabama · 1875
- Buck Creek Lumber Co. v. NelsonSupreme Court of Alabama · 1914
- Smith v. Tombigbee & Northern Ry. Co.Supreme Court of Alabama · 1904
- Johnston v. LittleSupreme Court of Alabama · 1904
- Terry v. McCall Co.Supreme Court of Alabama · 1919
3Cited by2 opinions
- Crisp v. First Nat. Bank of BirminghamSupreme Court of Alabama · 1932
- Ward & McGowen Grocery Co. v. Franklin, Stiles & FranklinAlabama Court of Appeals · 1922