Briel v. Exchange Nat. Bank
Supreme Court of Alabama
Appeal from Montgomery City Court. Heard before Hon. Gaston Gunter. Assumpsit by the Exchange National Bank of Montgomery against Fred C. Briel. Judgment for plaintiff and defendant appeals.
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Appeal from Montgomery City Court. Heard before Hon. Gaston Gunter. Assumpsit by the Exchange National Bank of Montgomery against Fred C. Briel. Judgment for plaintiff and defendant appeals. For the former appeal in this case, see 172 Ala. 475; 55 South. 808. Under the evidence in this case the bank was bound to know that the note was the obligation of the Briel Shoe Company a corporation, and that Briel did not intend to become personally liable thereon. — Sec. 4977, Code 1907; Metcalf v. Williams, 104 U. S. 98; Roney v. Winter, 37 Ala. 277. Counsel discuss the evidence and insist that the…
1Opinion of the CourtSomerville, J.
On a previous appeal it was held that the note.here sued on was prima facie the personal obligation of the defendant, as well as of the Briel Shoe Company, but that that intendment and effect might be defeated by evidence dehors the note showing a contrary intention by the parties.—Briel v. Exchange National Bank, 172 Ala. 475, 55 South. 808.
The names of the intending maker or makers Avere not in the body of the note, and the three signatures Avere written one under the other: Briel Shoe Co.; Fred C. Briel, Prest.; J. H. Taylor, Mgr.
*578The trial in the lower court was by the judge, without a…
2Cases cited5 opinions
- Cobb v. MaloneSupreme Court of Alabama · 1890
- Nooe's v. Garner's Adm'rSupreme Court of Alabama · 1881
- Dodge v. Irvington Land Co.Supreme Court of Alabama · 1908
- Briel v. Exchange Nat. BankSupreme Court of Alabama · 1911
- Montgomery Lodge No. 596, B. P. O. E. v. MassieSupreme Court of Alabama · 1909
3Cited by15 opinions
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- Allen v. ScruggsSupreme Court of Alabama · 1914
- Pinckard v. CasselsSupreme Court of Alabama · 1915
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