Ala. & Tenn. Rivers Railroad v. Nabors
Supreme Court of Alabama
-Appeal from the Circuit Court oftDallas. .Tried before the Hod. Nat. Cook. This action, was brought-by the-appellees,-arid -was founded oh two instruments-of writing, -executed by A. M. Goodwin, as secretary and treasurer of the Alabama and Tennessee Rivers-Railroad Comjfanjr, .acknowledging the receipt of certain notes loaned to said railroad company. •The. notes .specified >in one .of the instruments were executed by one J. F. Dennis,, and were therein acknowledged to…
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-Appeal from the Circuit Court oftDallas. .Tried before the Hod. Nat. Cook. This action, was brought-by the-appellees,-arid -was founded oh two instruments-of writing, -executed by A. M. Goodwin, as secretary and treasurer of the Alabama and Tennessee Rivers-Railroad Comjfanjr, .acknowledging the receipt of certain notes loaned to said railroad company. •The. notes .specified >in one .of the instruments were executed by one J. F. Dennis,, and were therein acknowledged to have been received .of him; and those specified in the other were executed and loaned by Regill, Roberts & Terrell. The…
1Opinion of the CourtR. W. Walker, J.
The two instruments offered in *493evidence, after acknowledging the receipt of certain notes as a loan to the defendant, state that the “ loan is made on the conditions and terms stated in the resolutions of the board of directors passed June 13th, 1856, and recorded on the minutes:” The resolutions referred to were not produced, — the failure to produce .them was not accounted for, — nor was -there any evidence whatever as-to what were the conditions and terms of the loan therein set forth ; and the question now presented is, '-whether, under -this state of the proof, the plaintiffs had the…
2Cases cited2 opinions
- Snedicor v. LeachmanSupreme Court of Alabama · 1846
- Clark v. SmithNew York Supreme Court · 1817
3Cited by9 opinions
- Lamar v. KingSupreme Court of Alabama · 1910
- Alabama Fidelity & Casualty Co. v. Alabama Penny Sav. BankSupreme Court of Alabama · 1917
- Illinois Surety Co. v. DonaldsonSupreme Court of Alabama · 1918
- Anderson v. English & WebbSupreme Court of Alabama · 1898
- Fidelity Casualty Co. of New York v. RabornSupreme Court of Alabama · 1937
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