Quarles v. Kendrick Mercantile Co.
Alabama Court of Appeals
Appeal from Circuit Court, Dallas County; B. M. Miller, Judge. Assumpsit by the Kendrick Mercantile Company against W. W. Quaz-les and R. R. Kimmer. Judgment for plaintiff, and defendants appeal.
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Appeal from Circuit Court, Dallas County; B. M. Miller, Judge. Assumpsit by the Kendrick Mercantile Company against W. W. Quaz-les and R. R. Kimmer. Judgment for plaintiff, and defendants appeal. The facts sufficiently appear in the opinion, The following is charge 100 No. O: I charge you, gentlemen of the jury, that where two men agree that one man shall furnish the land, the mules, the farming implements, and to bear all the expenses thereof, and another man agrees to manage the place, be responsible for one-half of the expenses for the operatiozz, but that all expenses of operation shall…
1Opinion of the CourtBrown, P. J.
[1, 2] The beneficial owner of a nonnegotiable promissory note may maintain au action thereon, although he is not the holder of the legal title. Code 1907, § 24S9. Therefore, if we treat the averments of the second count of the complaint as to the indorsement of the note by the payee to the plaintiff as insufficient to show that the legal title passed thereunder, in the absence of an averment that the indorsement was completed by delivei-y (Code 1907, § 4985), the demurrers, taking the point that the averments of the complaint were insufficient to show that the plaintiff was the holder of the…
2Cases cited4 opinions
- Sherrill v. Merchants & Mechanics T. & S. BankSupreme Court of Alabama · 1915
- McDonnell v. Battle House Co.Supreme Court of Alabama · 1880
- Weinstein v. Citizens BankAlabama Court of Appeals · 1915
- Whatley v. Muscogee BankSupreme Court of Alabama · 1916
3Cited by6 opinions
- Orr, Jackson & Co. v. PerryAlabama Court of Appeals · 1919
- Dicks v. McAllisterAlabama Court of Appeals · 1924
- Van Derveer v. Strickland Bros. MacH. Co.Alabama Court of Appeals · 1919
- Beason v. South Carolina Bank of GreenvilleSupreme Court of Alabama · 1930
- Quarles v. Kendrick Mercantile Co.Supreme Court of Alabama · 1918
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