Jones v. Martin
Alabama Court of Appeals
Appeal from Houston Circuit Court. Heard before Hon. H. A. Pearce. Action by T. R. Jones against W. F. Martin on a promissory note. Judgment for defendant, and plaintiff appeals. The note sued on was executed by Martin to one Hendricks, and by Hendricks assigned to Jones.
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Appeal from Houston Circuit Court. Heard before Hon. H. A. Pearce. Action by T. R. Jones against W. F. Martin on a promissory note. Judgment for defendant, and plaintiff appeals. The note sued on was executed by Martin to one Hendricks, and by Hendricks assigned to Jones. Defendant filed five pleas: First, the general issue; second, that the consideration for the note sued on was for the purchase of stock of a foreign corporation, and that said corporation by its agent came into Alabama and sold the stock to Martin, for which the note was executed as the purchase price, and that this…
1Opinion of the Court
BROWN, P. J.(1) We entertain no doubt that the sale of its corporate stock by a foreign corporation is the exercise of a corporate function within the meaning of section 232 of the Constitution and section 3642 of the Code of 1907; and that such sale made in this state, by an agent of the corporation, for the corporation, is engaging in or transacting business in this state within the meaning of section 3644, 3645, of the Code.(2) The complaint, on its face, does not declare on a negotiable note, and the defendant’s pleas were not subject to demurrer because they did not aver that the…
2Cases cited14 opinions
- Sunflower Lumber Co. v. Turner Supply Co.Supreme Court of Alabama · 1909
- Saltmarsh v. TuthillSupreme Court of Alabama · 1848
- Citizens Nat. Bank v. BuckheitAlabama Court of Appeals · 1916
- Alexander v. Ala. Wes. R. R.Supreme Court of Alabama · 1912
- Ex parte BanksSupreme Court of Alabama · 1913
9 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Ex Parte Nissei Sangyo America, Ltd.Supreme Court of Alabama · 1991
- Johnston v. Foster-Wheeler Constructors, Inc.District Court, M.D. Alabama · 1994
- Advance Industrial Security, Inc. v. William J. Burns International Detective Agency, Inc., and General Electric CompanyCourt of Appeals for the Fifth Circuit · 1967
- First Nat. Bank of Price v. ParkerUtah Supreme Court · 1920
- Brewer v. WoodhamAlabama Court of Appeals · 1917
6 more not listed; retrieve them via the Exa API.