Alabama Mortgage & Securities Corp. v. Chinery

BROWN, Justice.

This is an action of assumpsit by the appellant, against appellee, on a promissory note made by the defendant on the 16th day of November, 1931, for $1486.12, to Southern Mortgage & Securities Corporation, with the interest thereon, alleged to be “due and unpaid” on the filing of the complaint, June 12, 1937.

The plaintiff sues as indorsee of the note. The defendant filed, “in open court” on March 7, 1938, six special pleas, lettered from A to F inclusive, in legal effect admitting the indebtedness — the general issue not being interposed — and seeking to invoke the benefits of…