Barbour v. Washington Fire & Marine Insurance
Supreme Court of Alabama
Appeal from Circuit Court of Choctaw. - Tried before the Hon. Luther B. Smith. This action was brought by the appellee, a corporation chartered under the laws of Alabama, and doing business in the city of Mobile, against James F. Barbour & Son as partners; was commenced on the 6th April, 1876, and was founded on the defendants’ two promissory notes, each for $500, dated the 8th May, 1875, payable respectively on the 15th December, 1875, and the 1st January, 1876, to the…
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Appeal from Circuit Court of Choctaw. - Tried before the Hon. Luther B. Smith. This action was brought by the appellee, a corporation chartered under the laws of Alabama, and doing business in the city of Mobile, against James F. Barbour & Son as partners; was commenced on the 6th April, 1876, and was founded on the defendants’ two promissory notes, each for $500, dated the 8th May, 1875, payable respectively on the 15th December, 1875, and the 1st January, 1876, to the order of T. Eatman & Co., at the Mobile Savings Bank, and assigned by the said Eatman & Co., before maturity, as the…
1Opinion of the CourtBbiokell, C. J.
The plea of payment is in the form prescribed by the Code, and must be understood as affirming that a payment of the notes had been made, which was valid and operative against the plaintiff as indorsee. A general replication would have cast on the defendants the burden of proving such a payment. If the payment was made to the payees, after the plaintiff had acquired the notes for value, before maturity; or if after maturity, and with notice or knowledge that the plaintiff was the holder, it would not have been available.—Ross v. Drinkard, 35 Ala. 434. The plaintiff unnecessarily resorted to a…
2Cases cited2 opinions
- Ross v. Drinkard's Adm'rSupreme Court of Alabama · 1860
- Winter v. Mobile Savings BankSupreme Court of Alabama · 1875
3Cited by8 opinions
- Halle v. BrooksSupreme Court of Alabama · 1923
- Burnett Bean v. MillerSupreme Court of Alabama · 1921
- Industrial Sav. Bank v. GreenwaldSupreme Court of Alabama · 1935
- Lewis v. Simon & Co.Supreme Court of Alabama · 1893
- McKimmie v. E. E. Forbes Piano Co.Supreme Court of Alabama · 1908
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