Legal Opinion

Jones v. Bell

Supreme Court of Alabama

Decided November 15, 1917No. 7 Div. 855PublishedCited by 72 opinions

Appeal from. City Court of Talladega; Marion II. Sims, Judge. Action by W. M. Bell against W. N. Jones and others. Judgment for plaintiff, and defendants appeal.

1Opinion of the CourtThomas, J.

[1] Commercial paper in the hands of a bona fide purchaser for value before maturity is not subject to the defenses which would avail against the original payee, unless it is shown that the purcnaser had notice of such defense. Merchants’ National Bank v. Norris, 163 Ala. 481, 51 South. 15. The question of fact presented by the record is whether or not the plaintiff was a bona fide purchaser for value without notice before maturity, of the notes sued on.

[2] “An instrument is negotiated when it is transferred from one person to another in such manner as to constitute the transferee the holder…

2Cases cited24 opinions

  1. Tobler v. Pioneer Mining & Mfg. Co.Supreme Court of Alabama · 1909
  2. Shipp v. SheltonSupreme Court of Alabama · 1915
  3. Amerson v. Corona Coal & Iron Co.Supreme Court of Alabama · 1915
  4. Mobile, Jackson & Kansas City R. R. v. BrombergSupreme Court of Alabama · 1904
  5. Penticost v. MasseySupreme Court of Alabama · 1917

19 more not listed; retrieve them via the Exa API.

3Cited by72 opinions

  1. McMillan v. AikenSupreme Court of Alabama · 1920
  2. Batson v. State Ex Rel. DavisSupreme Court of Alabama · 1927
  3. Morgan Hill Paving Co. v. FonvilleSupreme Court of Alabama · 1928
  4. Girard Fire Marine Ins. Co. v. GunnSupreme Court of Alabama · 1930
  5. Watts v. Metropolitan Life Ins. Co.Supreme Court of Alabama · 1924

67 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API