Foster v. Bush & Co.
Supreme Court of Alabama
Appeal from the Circuit Court of Tuscaloosa. Tried before the Hon. S. H. Sprott. This action was brought on April 9, Í892, by the appellees, J. C. Bush & Co., against the appellant, Guy Foster, and counted on a promissory note from the defendant to the plaintiffs, executed on June 27, 1891, and payable December 1, 1891. The defendants pleaded the general issue, want of consideration, failure of consideration, payment, usury and set-off.
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Appeal from the Circuit Court of Tuscaloosa. Tried before the Hon. S. H. Sprott. This action was brought on April 9, Í892, by the appellees, J. C. Bush & Co., against the appellant, Guy Foster, and counted on a promissory note from the defendant to the plaintiffs, executed on June 27, 1891, and payable December 1, 1891. The defendants pleaded the general issue, want of consideration, failure of consideration, payment, usury and set-off. Upon the trial of the case, as is shown by the bill of exceptions, the plaintiffs introduced in evidence the note which is the basis of the suit. This note…
1Opinion of the CourtBrickell, C. J.
1. The allowance or rejection of additional pleas, proposed to be filed after the time of pleading has passed, is matter of discretion in the primary court; and the exercise of the discretion is not revisable on error. — Jones v. Ritter, 56 Ala. 270; Steele v. Tutwiler, 57 Ala. 113.
2. The objections to the admissibility of the evidence offered by the appellees were properly overruled. Each part of it was pertinent to the case, having a tendency to prove or disprove the matters in issue.
3. As between the original parties to a negotiable promissory note, and of paper not negotiable as between…
2Cases cited8 opinions
- Steele v. TutwilerSupreme Court of Alabama · 1876
- Finn v. BarclaySupreme Court of Alabama · 1849
- Jones v. Ritter's Adm'rSupreme Court of Alabama · 1876
- Clemens v. LogginsSupreme Court of Alabama · 1840
- Holt v. RobinsonSupreme Court of Alabama · 1852
3 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- St. Louis-San Francisco Ry. Co. v. KimbrellSupreme Court of Alabama · 1932
- Craig & Co. v. Pierson L. Co.Supreme Court of Alabama · 1913
- Cahaba Southern Mining Co. v. PrattSupreme Court of Alabama · 1906
- Torbert v. McFarlandSupreme Court of Alabama · 1911
- Rasmus v. SchafferSupreme Court of Alabama · 1935
3 more not listed; retrieve them via the Exa API.