Legal Opinion

Elmore County Bank v. Avant

Supreme Court of Alabama

Decided November 7, 1914PublishedCited by 29 opinions

Appeal from Coosa Circuit Court. Heard before Hon. S. L. Brewer. Assumpsit by the Elmore County Bank against J. G. Avant. Judgment for defendant, and plaintiff appeals.

1Opinion of the CourtMayfield, J.

This action was on a negotiable promissory note, made by appellee and payable to himself, and indorsed in blank.

The first count was in code form, with claim for attorneys’ fees, and declaration of waiver added.

The second and third counts, added by amendment —omitting allegations as to attorneys’ fees, waiver of exemptions, etc. — were as follows: “(2) The plaintiff claims of the defendant the sum of $250 due by promis*420sory note made on the 3d day of September, 1912, payable to himself, with interest thereon at the rate of 7 per cent, per annum from the- date thereof, to wit, 3d day of…

2Cases cited16 opinions

  1. Tatum v. Commercial Bank & Trust Co.Supreme Court of Alabama · 1914
  2. Gilman, Sons & Co. v. New Orleans & Selma RailroadSupreme Court of Alabama · 1882
  3. Mayor of Wetumpka v. Wetumpka Wharf Co.Supreme Court of Alabama · 1879
  4. Dreilling v. First National BankSupreme Court of Kansas · 1890
  5. McCully v. CooperCalifornia Supreme Court · 1896

11 more not listed; retrieve them via the Exa API.

3Cited by29 opinions

  1. Somerall v. Citizens' BankSupreme Court of Alabama · 1924
  2. In re Grocers' Baking Co.District Court, N.D. Alabama · 1920
  3. Morgan Hill Paving Co. v. Pratt City Sav. BankSupreme Court of Alabama · 1930
  4. First Nat. Bank of Birmingham v. JaffeSupreme Court of Alabama · 1940
  5. Industrial Sav. Bank v. GreenwaldSupreme Court of Alabama · 1935

24 more not listed; retrieve them via the Exa API.

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