Fitzpatrick v. Bank of Montgomery
Supreme Court of Alabama
Appeal from tlie City Court of Birmingham. Tried before the Hon. W. W. Wilkerson. This was an action originally brought by the Bank of Montgomery against May S. Fitzpatrick and R. A. Fitzpatrick; and -counted upon a promissory note. The cause ,was discontinued as to R. A. Fitzpatrick, who was not served with process. The averments of the complaint and the demurrers thereto are set forth in the opinion.
Read the full summary
Appeal from tlie City Court of Birmingham. Tried before the Hon. W. W. Wilkerson. This was an action originally brought by the Bank of Montgomery against May S. Fitzpatrick and R. A. Fitzpatrick; and -counted upon a promissory note. The cause ,was discontinued as to R. A. Fitzpatrick, who was not served with process. The averments of the complaint and the demurrers thereto are set forth in the opinion. The defendant pleaded the general issue, and by special pleas that the debt for which the note was given, was money borrowed from the plaintiff by R. A. Fitzpatrick, the husband of May S.…
1Opinion of the CourtHaralson, J.
1. The' complaint was originally against May S. and R. A. Fitzpatrick, for a sum of money “due from them hv their promissory note,” (describing it) and “by them indorsed to the plaintiff,” etc. It is further averred “that said defendants on said note waived any and all right to claim an exemption, and also agreed and promised to pay 10 per cent, of the principal and interest as attorney’s fees on event that said note is not paid at maturity,” etc. The cause was discontinued as to R. A. Fitzpatrick, who was not served. A demurrer was interposed by May S. Fitzpatrick to tin; complaint,' on the…
2Cases cited4 opinions
- Louisville & Nashville Railroad v. HallSupreme Court of Alabama · 1890
- Summerhill v. TappSupreme Court of Alabama · 1875
- Reese v. BeckSupreme Court of Alabama · 1854
- Brahan v. DebrellSupreme Court of Alabama · 1827