Hanna v. Ingram
Supreme Court of Alabama
Action on Promissory Note, by Payees against Makers. Appeal from the City Court of Anniston. Tried before the Hon. B. F. Cassady.
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Action on Promissory Note, by Payees against Makers. Appeal from the City Court of Anniston. Tried before the Hon. B. F. Cassady. This action was brought by J. B. Ingram, R. M. Ingram and J. J. McPherson, as joint plaintiffs, against W. F. Hanna and E. H. Hanna, and was commenced on the 6th June, 1890. (?) The action was founded on the defendants’ promissory note for $100, dated November 13th, 1890, payable to plaintiffs, or order, on the 1st January, 1891, at the Bank of Anniston; which also contained a stipulation for the payment of an attorney’s fee for collection, and a waiver of…
1Opinion of the CourtClopton, J.
— There is no error in the refusal of the court to permit defendants to prove that McPherson, one of the plaintiffs, had sold his interest in the note sued on, before the suit was commenced. His name appearing as one of the payees, the defense that he is not the party really interested can not be let in, unless there is filed a verified plea denying his interest or ownership.. — Mo. Life Ins. Co. v. Egger, 67 Ala. 134. Besides, the note is payable at a bank, and, under section 2594 of the Code, an action thereon must be instituted in the name of the persons having the legal title.
In November,…
2Cases cited2 opinions
- Wilks v. Georgia Pacific RailroadSupreme Court of Alabama · 1885
- Mobile Life Insurance v. EggerSupreme Court of Alabama · 1880
3Cited by1 opinion
- Coats v. Mutual Alliance Trust Co.Supreme Court of Alabama · 1911