First National Bank of Birmingham v. Nagel

BROWN, Justice.

This is an action on a’ promissory note executed on December 12, 1929, by the appellee and Nagel Sales & Engr. Co., payable “in gold coin of the United States of the present standard of weight and fineness” to the Bank of Ensley (Ramsay & McCormack, Inc.) or order, on the 11th day of January, 1930, and payable at said bank.

' The defendant pleaded the general issue, in short by consent, with leave to give in evidence any matter that would bar a recovery, if specially pleaded.

The evidence shows that the note was indorsed and delivered to the plaintiff bank as collateral to secure…