Boykin v. Bank of Mobile
Supreme Court of Alabama
Api>eal from the City Court of Selma. Tried before the Hon. JoNA. PIaealsoN. This action was brought by the Bank of Mobile, a domestic corporation, against Starke PI. Boykin; and was founded on a promissory note signed by said Boykin as maker, and in these words: “Mobile, Ala., January 27th, 1880. “ Twenty-five after date, I promise to pay to the order of B. 0. James & Co. twenty-five hundred dollars, value received, negotiable and payable at the Southern Bank of Alabama.”
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Api>eal from the City Court of Selma. Tried before the Hon. JoNA. PIaealsoN. This action was brought by the Bank of Mobile, a domestic corporation, against Starke PI. Boykin; and was founded on a promissory note signed by said Boykin as maker, and in these words: “Mobile, Ala., January 27th, 1880. “ Twenty-five after date, I promise to pay to the order of B. 0. James & Co. twenty-five hundred dollars, value received, negotiable and payable at the Southern Bank of Alabama.” This instrument was indorsed in blank by the payees, and the plaintiff sued as their indorsee; the complaint describing…
1Opinion of the Court
BBIOKELL, O. J.
It is the province of the court to construe written instruments, and declare their legal effect. But, when the legal operation and effect of an instrument depends, not only on the meaning and construction of its words, but upon collateral facts in pais, and extrinsic evidence, the inference of fact to be drawn from the evidence should be submitted to the jury. — 1 Brick. Dig. 428, § 2. Whether, in the present case, it should have been submitted to the jury to determine from the evidence when it was intended the note should be due and payable, it is not important to consider.…
2Cases cited7 opinions
- Pollard v. MaddoxSupreme Court of Alabama · 1856
- Boyd v. BrothersonNew York Supreme Court · 1833
- Robinson v. BullockSupreme Court of Alabama · 1877
- Miller & Co. v. BoykinSupreme Court of Alabama · 1881
- White v. WordSupreme Court of Alabama · 1853
2 more not listed; retrieve them via the Exa API.
3Cited by46 opinions
- Upton v. Mississippi Valley Title Ins. Co.Supreme Court of Alabama · 1985
- McIntyre Lumber & Export Co. v. Jackson Lumber Co.Supreme Court of Alabama · 1910
- Air Conditioning Engineers, Inc. v. SmallSupreme Court of Alabama · 1953
- Kiser v. Amalgamated Clothing Workers of AmericaSupreme Court of Virginia · 1938
- Western Union Telegraph Co. v. WaySupreme Court of Alabama · 1887
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