Phillips v. Matthews
Supreme Court of Alabama
Appeal from Morgan County Court; E. C. Nix, Special Judge. Assumpsit by Charles Phillips against J. M. Matthews. Judgment for defendant, and plaintiff appeals. Transferred from Court of Appeals under Acts 1911, p. 449, § 6, Counsel rely for reversal upon the following authorities: 10 Cyc. 389, 390, 391 and 441; 4 Thompson on Corporations,, §§ 3872, 3S73, and 3844; 144 Ala. 666, 39 South. 562; 5 Ala. 787, 39 Am.
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Appeal from Morgan County Court; E. C. Nix, Special Judge. Assumpsit by Charles Phillips against J. M. Matthews. Judgment for defendant, and plaintiff appeals. Transferred from Court of Appeals under Acts 1911, p. 449, § 6, Counsel rely for reversal upon the following authorities: 10 Cyc. 389, 390, 391 and 441; 4 Thompson on Corporations,, §§ 3872, 3S73, and 3844; 144 Ala. 666, 39 South. 562; 5 Ala. 787, 39 Am. Dec. 344; 30 Ala. 650. The plaintiff acquired no more nor better title than the bankrupt had. 7 C. J. ■ 242; 169 Ala. 628, 53 South. 905. It was necessary that the stock be delivered…
1Opinion of the CourtMiller, J.
This is suit on a note for $125, given by the defendant, payable to himself, indorsed by him, dated June 23, 1914, and due seven months after date.
The evidence showed that plaintiff purchased this note after maturity, before suit was filed, from the trustee in bankruptcy of the Pep-To-Lac Company of America. It was adjudicated a bankrupt in the federal court after the execution and before the sale of the note.
The evidence for the plaintiff tended to show that defendant when he executed the note also signed an application for 10 shares, of $10 each, of capital stock of the Pep-To-Lac Company…
2Cases cited6 opinions
- Jefferson County Savings Bank v. ComptonSupreme Court of Alabama · 1915
- Corbin v. SistrunkSupreme Court of Alabama · 1851
- Barlow v. FlemmingSupreme Court of Alabama · 1844
- Booth v. Dexter Steam Fire Engine Co.Supreme Court of Alabama · 1897
- Self v. HerringtonSupreme Court of Alabama · 1847
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3Cited by4 opinions
- Redmond v. HarrelsonSupreme Court of Alabama · 1978
- Blount County Bank v. Robinett McCayAlabama Court of Appeals · 1929
- James v. CortrightSupreme Court of Alabama · 1930
- Skates v. PerkinsSupreme Court of Alabama · 1932