Simpson v. Golden
Supreme Court of Alabama
Appeal from the City Court of Birmingham. Tried before the Hon. H. A. Sharpe. This was an action brought by the appellee, W. B. Golden, against the appellant, E. H. Simpson, in the city court of. Birmingham, and counted upon a negotiable promissory note executed by the defendant, and payable to the order of “ W. W. Achison, President.” Achison was the president of the Sylacauga Land Company. The defendant filed several pleas.
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Appeal from the City Court of Birmingham. Tried before the Hon. H. A. Sharpe. This was an action brought by the appellee, W. B. Golden, against the appellant, E. H. Simpson, in the city court of. Birmingham, and counted upon a negotiable promissory note executed by the defendant, and payable to the order of “ W. W. Achison, President.” Achison was the president of the Sylacauga Land Company. The defendant filed several pleas. In the first, second and third pleas he denied that the note was properly indorsed to the plaintiff. The fourth plea was a plea of the general issue, denying all the…
1Opinion of the Court
McCLELLAN, J. —
If there was error in sustaining the demurrer to pleas 6 and 7, it did not prejudice the defendant, since he had the full benefit of the matter laid in these pleas under other pleas.
The evidence for the plaintiff tended to show that he held the note sued on as collateral security, the legal title being in him by indorsement of the payee ; and also that the defendant had “actual notice of his .title and *340ownership before the payment made by him to Achison.” The evidence for defendant tended to show that plaintiff held the note as general manager of, and for the Land Co. to which…
2Cases cited3 opinions
- McLeod v. Shelly Manufacturing & Improvement Co.Supreme Court of Alabama · 1895
- Hoskins v. HightSupreme Court of Alabama · 1891
- Barron v. RobinsonSupreme Court of Alabama · 1893
3Cited by25 opinions
- Hobbs v. SmithSupreme Court of Oklahoma · 1911
- Fries v. Acme White Lead & Color WorksSupreme Court of Alabama · 1918
- Vernon v. StateSupreme Court of Alabama · 1940
- Thompson v. CollierSupreme Court of Alabama · 1911
- Mutual Building & Loan Ass'n v. WatsonSupreme Court of Alabama · 1933
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