Kansas City, Memphis & Birmingham Railroad v. Cobb
Supreme Court of Alabama
Appeal from tbe City Court of Birmingbam. Tried before tbe Hon. H. A. Sharpe. This was an action of assumpsit brought by tbe appellee against appellant upon certain coupons of like tenor and effect, of wbicb tbe following is a copy.
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Appeal from tbe City Court of Birmingbam. Tried before tbe Hon. H. A. Sharpe. This was an action of assumpsit brought by tbe appellee against appellant upon certain coupons of like tenor and effect, of wbicb tbe following is a copy. “On tbe 1st day of September 1891, tbe Kansas City, Memphis & Birmingbam Railroad Company will pay to the bearer in tbe city of Boston, Mass., unless tbis bond be drawn for tbe sinking fund, twenty-five dollars, being six month’s interest on bond No. 916. 916—25 dollars. Charles Merriam, Treasurer.” The plaintiff offered the coupons -in evidence and they were…
1Opinion of the CourtColeman, J.
J. suit was to recover upon coupons of bonds of the appellant. It would have been better pleading for the complaint to have specified the number of coupons, and the respective amounts of the coupons sued upon. No objection however was taken to the form of the complaint. There was no plea denying the ownership of the coupons or their due execution. The case was tried upon the general issue. The coupons are signed “Charles Merriam, Treasurer” and are “payable to bearer in the city of Boston, Mass.” *230The complaint is in common form of a declaration as upon a promissory note, averring generally…
2Cases cited7 opinions
- Lehman Bros. v. Tallassee Manufacturing Co.Supreme Court of Alabama · 1879
- Blackman v. Lehman, Durr & Co.Supreme Court of Alabama · 1879
- Reid v. Bank of MobileSupreme Court of Alabama · 1881
- Clark v. MosesSupreme Court of Alabama · 1874
- Cobb v. BryantSupreme Court of Alabama · 1888
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3Cited by2 opinions
- Kansas City, Memphis & Birmingham Railroad v. CobbSupreme Court of Alabama · 1893
- Derby v. BellAlabama Court of Appeals · 1928