Ala. Nat. Bank v. Parker & Co.
Supreme Court of Alabama
Appeal from Marshall Circuit Court. Heard before Hon. J. A. Bidbro. Action by tbe Alabama National Bank against C. C. Parker & Co. Tbis was a suit upon four promissory notes given to tbe Helm Bone Fertilizer Company by C. C. Parker & Co., negotiable and payable at tbe First National Bank of Gadsden, Ala., and before maturity sold to tbe Alabama Nátional Bank.
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Appeal from Marshall Circuit Court. Heard before Hon. J. A. Bidbro. Action by tbe Alabama National Bank against C. C. Parker & Co. Tbis was a suit upon four promissory notes given to tbe Helm Bone Fertilizer Company by C. C. Parker & Co., negotiable and payable at tbe First National Bank of Gadsden, Ala., and before maturity sold to tbe Alabama Nátional Bank. Tbe defendant set up by way of plea that each note was given for commercial fertilizer and that the said fertilizers were not tagged as is required by law; also that sacks containing the fertilizer were not branded, so as to show its…
1Opinion of the CourtWeakley, C. J.
The circuit court committed no error in sustaining the demurrer to plaintiff's replication to the special plea, which set up, as a defense to the notes sued on, a failure to have the hags of fertilizer tagged as required by law. The plea showing the notes rested on a void contract, the replication of bona fide purchase for value without notice was no answer to it. — Hanover National Bank v. Johnson, 90 Ala. 549, 8 South. 42. The burden of proof to sustain the special plea rested upon defendants. The plaintiff was not required as a part of its case to disprove the plea. The notes did not…
2Cases cited4 opinions
- McCurry v. GibsonSupreme Court of Alabama · 1895
- Wadsworth v. DunnamSupreme Court of Alabama · 1897
- Brown & Co. v. Adair & McCarty Bros.Supreme Court of Alabama · 1894
- Hanover National Bank v. JohnsonSupreme Court of Alabama · 1890
3Cited by12 opinions
- Citizens Nat. Bank v. BuckheitAlabama Court of Appeals · 1916
- Walls v. Decatur Fertilizer Co.Supreme Court of Alabama · 1926
- Central of Georgia Ry. Co. v. Southern Ferro Concrete Co.Supreme Court of Alabama · 1915
- Jones v. MartinAlabama Court of Appeals · 1917
- McPhillips Mfg. Co. v. CurrySupreme Court of Alabama · 1941
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