Fruitticher Electric Co. v. Birmingham Trust & Savings Co.
Supreme Court of Alabama
Appeal from Circuit Court, Jefferson County ; John H. Miller, Judge. Assumpsit by the Birmingham Trust & Savings Company against the Fruitticher Electric Company. Judgment for plaintiff, and defendant appeals. Plea A is the general issue in the following form:. It denies each and every allegation contained in the complaint, and each count severally and separately, and says that the same are not true, and that defendant is not indebted to plaintiff.
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Appeal from Circuit Court, Jefferson County ; John H. Miller, Judge. Assumpsit by the Birmingham Trust & Savings Company against the Fruitticher Electric Company. Judgment for plaintiff, and defendant appeals. Plea A is the general issue in the following form:. It denies each and every allegation contained in the complaint, and each count severally and separately, and says that the same are not true, and that defendant is not indebted to plaintiff. Plea 9: That in answer to each and every count of the complaint separately and severally defendant says that at the time said note was indorsed to…
1Opinion of the CourtSayre, J.
The Birmingham Trust & Savings Company sued the Fruitticher Electric Company in. eight counts, in each of which plaintiff counted upon a different promissory note executed to the Turner Electric Supply Company and indorsed to plaintiff by the last-named company. Each count of the amended complaint alleged, in effect, that by the Turner Company’s indorsement plaintiff became and still was the holder in due course of the note therein declared upon.
Demurrers were sustained to a number of defendant’s special pleas, and we find it necessary to state our conclusion with respect to these several…
2Cases cited4 opinions
- First National Bank of Gadsden v. Winchester.Supreme Court of Alabama · 1898
- Tatum v. Commercial Bank & Trust Co.Supreme Court of Alabama · 1915
- Sherrill v. Merchants & Mechanics T. & S. BankSupreme Court of Alabama · 1915
- Jordan & Co. v. Collins & Co.Supreme Court of Alabama · 1894
3Cited by12 opinions
- Little v. People's BankSupreme Court of Alabama · 1923
- Ashley & Rumelin v. BradyIdaho Supreme Court · 1925
- First Nat. Bank v. MurphreeSupreme Court of Alabama · 1928
- Herron Motor v. First Nat. Bank of BirminghamSupreme Court of Alabama · 1933
- Home Ins. Co. v. City of BirminghamSupreme Court of Alabama · 1938
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