Planters' Chemical & Oil Co. v. Morris
Alabama Court of Appeals
1Opinion of the CourtSamford, J.
The complaint was in two counts declaring on a promissory note executed on the 4th day of May, 1920, and payable on the 1st clay of October. The complaint contained an allegation that defendant had waived his claim to exemption. There was a plea of non est factum.
Plaintiff introduced evidence tending to prove the consideration, and witness testified, defendant not being able- to sign his name, that, at defendant’s request, witness signed defendant’s name and defendant made his mark. The note was then introduced in evidence, and contained, besides the promise to pay, a waiver of exemptions and…
2Cases cited4 opinions
- Jackson v. TribbleSupreme Court of Alabama · 1908
- Brown v. Bamberger, Bloom & Co.Supreme Court of Alabama · 1895
- McGowan v. CollinsSupreme Court of Alabama · 1908
- Penton v. WilliamsSupreme Court of Alabama · 1907