Montgomery Rail Road v. Hurst
Supreme Court of Alabama
Error to the Circhit Court of Chambers. Assumpsit by the plaintiff in error against the defendant in error, on four promissory notes, executed to the corporation, by defendant and two Others, payable at the Montgomery Bank. The defendant pleaded non assumpsit, which was verified by affidavit, mil tiel corporation, payment and set off.
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Error to the Circhit Court of Chambers. Assumpsit by the plaintiff in error against the defendant in error, on four promissory notes, executed to the corporation, by defendant and two Others, payable at the Montgomery Bank. The defendant pleaded non assumpsit, which was verified by affidavit, mil tiel corporation, payment and set off. From a bill ef exceptions, it appears that the notes sued upon were signed by the defendant, and underneath by one John C. Webb, and Lovick P. Webb, and it was proved that they were originally given to John C. Webb, who was acting, or assuming to act in…
1Opinion of the CourtOrmond, J.
If the proof of the fact of the agency of Webb, depended upon the resolution of the Board of Directors, authorizing the appointment of an agent by the President, it is manifest, that being in writing, and entered upon the minutes of the board, it could only be proved by the production of the book in which the entry was made, or by giving secondary evidence of its contents, after notice to 23ro-duce it. No such notice appears to have been given, and the court certainly erred, in permitting parol evidence of its contents. It is not easy however, to perceive the materiality of this testimony. A…
2Cases cited10 opinions
- Hatch v. HatchMassachusetts Supreme Judicial Court · 1812
- Hunt v. AdamsMassachusetts Supreme Judicial Court · 1810
- Dutchess Cotton Manufactory v. DavisNew York Supreme Court · 1817
- Homer v. WallisMassachusetts Supreme Judicial Court · 1814
- Trustees of Vernon Society v. HilesNew York Supreme Court · 1826
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3Cited by18 opinions
- Bilansky v. StateSupreme Court of Minnesota · 1859
- Cahall v. Citizens Mutual Building Ass'nSupreme Court of Alabama · 1878
- Whitney v. RobinsonWisconsin Supreme Court · 1881
- Marion Savings Bank v. DunkinSupreme Court of Alabama · 1875
- Rudulph v. BrewerSupreme Court of Alabama · 1892
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