Scarbrough v. City National Bank
Supreme Court of Alabama
Appeal from Anniston City Court. Heard before Hon. T. W. Coleman, Jr. Action by the City National Bank against Eba Scarbrough and another. From a judgment for plaintiff, defendant Scarbrough appealed.
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Appeal from Anniston City Court. Heard before Hon. T. W. Coleman, Jr. Action by the City National Bank against Eba Scarbrough and another. From a judgment for plaintiff, defendant Scarbrough appealed. Count 1 of the complaint was against the defendant Gus Woodruff, and contained a claim for attorney’s fee and a declaration of waiver of exemptions, with the averment that the note was executed by the defendant Gus Woodruff to one James Keith, Jr., and was by him for a valuable consideration transferred to the City National Bank. The second count claimed of the defendant Eba Scarbrough $100 due…
1Opinion of the CourtSimpson, J.
— This suit Avas brought by the appellee against the appellant and Gus Woodruff. The cause of action is a negotiable promissory note alleged to have been signed by Woodruff and indorsed by Scarbrough, and there are separate counts against each and others against both jointly.
The assignments of error first insisted upon are to the action of the court in overruling demurrers to the complaint as amended. T'here was no error in overruling said demurrers. The agency of said Noble, upon whom the notice of dishonor of the note is claimed to have been served; is sufficiently set out in the count. It…
2Cases cited11 opinions
- Leaird v. MooreSupreme Court of Alabama · 1855
- Masterson v. GibsonSupreme Court of Alabama · 1876
- Vinegar Bend Lumber Co. v. Chicago Title & Trust Co.Supreme Court of Alabama · 1901
- Abels v. Planters & Merchants Ins.Supreme Court of Alabama · 1890
- Mock v. WalkerSupreme Court of Alabama · 1868
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3Cited by14 opinions
- Wyatt v. StateSupreme Court of Alabama · 1952
- Schillinger v. LearySupreme Court of Alabama · 1917
- Plunkett v. DendySupreme Court of Alabama · 1916
- Broadway v. Household Fin. Corp. of HuntsvilleCourt of Civil Appeals of Alabama · 1977
- Hamill v. McCallaSupreme Court of Alabama · 1934
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