Martin v. Jesse-French P. & O. Co.
Supreme Court of Alabama
Appeal from Chilton Circuit Court. Heard before Hon. S. L. B reaver. Action by the Jesse French Piano & Organ Company against R. H. Martin. From a judgment for plaintiff, defendant appeals. This Avas an action on a promissory note, reciting payment of $10 cash and calling for additional payments of $10 per month for each month until 21 1-2 payments had been made, and conditioned that, if any payment Avas not made, the AAdiole sum became due and payable.
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Appeal from Chilton Circuit Court. Heard before Hon. S. L. B reaver. Action by the Jesse French Piano & Organ Company against R. H. Martin. From a judgment for plaintiff, defendant appeals. This Avas an action on a promissory note, reciting payment of $10 cash and calling for additional payments of $10 per month for each month until 21 1-2 payments had been made, and conditioned that, if any payment Avas not made, the AAdiole sum became due and payable. The court refused the folloAving charge at the request of the defendant: “The court charges the jury that, unless the jury are satisfied by a…
1Opinion of the CourtDenson, J.
The plaintiff, with leave'of the court, amended the complaint, and in making the amendment omitted to write the word “plaintiff” between the words “the” and “claims.” On account of this omission it is now insisted that the complaint fails to show that any party claims the amount sued for in the complaint, and therefore that the complaint will not support the judgment. The summons calls the defendant into court to answer the complaint of Jesse French Piano & Organ Company, a corporation, and the title or caption of the complaint shows that Jesse French Piano & Organ Company is the plaintiff.…
2Cases cited2 opinions
- Torrey v. BurneySupreme Court of Alabama · 1896
- Carter v. FulghamSupreme Court of Alabama · 1901
3Cited by4 opinions
- Dixon v. Hotel Tutwiler Operating Co.Supreme Court of Alabama · 1926
- Kramer v. StateAlabama Court of Appeals · 1918
- Thompson v. WilsonSupreme Court of Alabama · 1953
- Hughes v. HolsclawSupreme Court of Alabama · 1932