Montgomery v. Crossthwait
Supreme Court of Alabama
Appeal from the City Court of Birmingham. Tried before the ITon. II. A. Siiarpe. This action was brought by Joseph I). Crossthwait against J. A. Montgomery, was commenced on the 9th January, 1888, and was founded on the defendant’s indorsement of a promissory note for $3,000, which was dated at Birmingham, Ala., October 12th, 1887, and to which the name of Percy li. Smith c& Oo. was signed as maker.
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Appeal from the City Court of Birmingham. Tried before the ITon. II. A. Siiarpe. This action was brought by Joseph I). Crossthwait against J. A. Montgomery, was commenced on the 9th January, 1888, and was founded on the defendant’s indorsement of a promissory note for $3,000, which was dated at Birmingham, Ala., October 12th, 1887, and to which the name of Percy li. Smith c& Oo. was signed as maker. The note was in these words : “Sixty days after date, we promise to pay to the order of J. A. Montgomery three thousand dollars, value received, at First National Bank of Birmingham, Ala.” The…
1Opinion of the CourtMoCLELLAN, J.
One of the prominent questions presented by this record is, whether the stipulation in a promissory note to pay all costs of collecting, if not paid at maturity, destroys its negotiability. Upon no other question in the law, perhaps, are the authorities so irreconcilably, and at the same time so equally divided, both in respect to the number of adjudged cases, and the respectability of the courts upon either hand. The following cases maintain the commercial *568character of notes which embody the stipulation referred to: Stoneman v. Pyle, 35 Ind. 103; Pate v. Bank, 63 Ind. 264; Maxwell v.…
2Cases cited54 opinions
- First National Bank v. GaySupreme Court of Missouri · 1876
- Wilson v. HayesSupreme Court of Minnesota · 1889
- Heard v. Dubuque County BankNebraska Supreme Court · 1878
- Woodstock Iron Co. v. RobertsSupreme Court of Alabama · 1888
- Commercial Bank of Buffalo v. . WarrenNew York Court of Appeals · 1857
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3Cited by46 opinions
- Citizens Nat. Bank v. BuckheitAlabama Court of Appeals · 1916
- McGhee v. Importers & Traders National BankSupreme Court of Alabama · 1890
- Citizens Nat. Bank of Orange, Va. v. WaughCourt of Appeals for the Fourth Circuit · 1935
- Tompkins v. DrennenSupreme Court of Alabama · 1891
- Cudahy Packing Co. v. State Nat. BankCourt of Appeals for the Eighth Circuit · 1904
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