Moseley v. Selma National Bank
Alabama Court of Appeals
Appeal from Dallas Circuit Court. Heard before Hon. B. M. Miller. Detinue by the Selma National Bank against L. H. Moseley.. Judgment for plaintiff and defendant appeals. The court erred in overruling the demurrers to replication of No. five to pleas No. 5, 6 and -7. — Code of 1907, Section 3346; Burns & Company v. Moore <& McGee, 76 Ala. 339; Anderson v. Bell, 87 Ala. 334; B. T. I. 8. Co. v. Curry et al., 49 South. Bep. 319; Alabama National Bank v. Parker, 40 South.
Read the full summary
Appeal from Dallas Circuit Court. Heard before Hon. B. M. Miller. Detinue by the Selma National Bank against L. H. Moseley.. Judgment for plaintiff and defendant appeals. The court erred in overruling the demurrers to replication of No. five to pleas No. 5, 6 and -7. — Code of 1907, Section 3346; Burns & Company v. Moore <& McGee, 76 Ala. 339; Anderson v. Bell, 87 Ala. 334; B. T. I. 8. Co. v. Curry et al., 49 South. Bep. 319; Alabama National Bank v. Parker, 40 South. Bep,; Hanover National Bank v. Johnson, 90 Ala. 552; Boyett v. Standard Chemical & Oil Co., 41 S'outh. Bep. 756; 15 Amer. &…
1Opinion of the CourtPelham, J.
The rulings on the pleadings in the trial court raise the question on this appeal as to whether or not the maker of a negotiable note that is void because of having been made and delivered on Sunday, but which is dated by the maker on a secular day, is es-topped from pleading the illegality of the note in bar of recovery in a suit brought by an endorsee who acquired the note before maturity, and for a valuable consideration, without notice of its illegality.
The appellee brought an action of detinue against the appellant based on a mortgage given by the appellant to the Sthwarz Commission…
2Cases cited25 opinions
- Vinton v. PeckMichigan Supreme Court · 1866
- Saltmarsh v. TuthillSupreme Court of Alabama · 1848
- Cranson v. GossMassachusetts Supreme Judicial Court · 1871
- Shippey v. EastwoodSupreme Court of Alabama · 1846
- Anderson v. Bellenger & RallsSupreme Court of Alabama · 1888
20 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Rosenbush Feed Co. v. GarrisonSupreme Court of Alabama · 1948
- McNeel Marble Co. v. RobinetteSupreme Court of Alabama · 1953
- Jemison v. HowellSupreme Court of Alabama · 1935
- Robinson v. Boohaker, Schillaci Co., P.C.Supreme Court of Alabama · 2000
- Currie-McGraw Co. v. FriedmanMississippi Supreme Court · 1924
1 more not listed; retrieve them via the Exa API.