Scharf v. Moore
Supreme Court of Alabama
’Appeal from the City Court of Birmingham. Tried before the Hon. H. A. Sharpe. This action was brought by the appellee against the appellant, to recover $550 alleged to be due by defendant as indorser on a note, which had been executed to the plaintiff by one J. K. Bayliss and wife. The defendant pleaded the general issue, and several special pleas.
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’Appeal from the City Court of Birmingham. Tried before the Hon. H. A. Sharpe. This action was brought by the appellee against the appellant, to recover $550 alleged to be due by defendant as indorser on a note, which had been executed to the plaintiff by one J. K. Bayliss and wife. The defendant pleaded the general issue, and several special pleas. In the third plea he set up the defense of usury, averring that only $500 was borrowed, and the makers of the note promised to pay $50 interest for one year on said amount. The fourth plea was in the following language : “And for further ánswer to…
1Opinion of the CourtH Abalson, J.
A jury waived in this case, and the *470cause was tried by and before the presiding judge without the intervention of a jury.-
I. The first error assigned is, “that the court erred in sustaining the demurrer to the 5th plea filed in said cause.”
■The 5th plea is : “That since the note sued on in this case was executed and delivered to the plaintiff, she has, without the knowledge or consent of this defendant, erased and changed the same for the purpose of relieving said McEarlin, whereby one of the endorsers, H. F. McEarlin, has been released.” The plea was demurred tb on several grounds, among…
2Cases cited12 opinions
- Steiner Bros. v. TranumSupreme Court of Alabama · 1893
- Short v. BattleSupreme Court of Alabama · 1875
- Thomason v. DillSupreme Court of Alabama · 1857
- Rooney v. Michael & LyonsSupreme Court of Alabama · 1887
- Benjamin v. McConnellIllinois Supreme Court · 1847
7 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- First National Bank v. NelsonSupreme Court of Alabama · 1894
- Milam v. ColeySupreme Court of Alabama · 1905
- Simmons v. RichardsonSupreme Court of Alabama · 1894
- Gunn v. HardySupreme Court of Alabama · 1894