Couch v. Hutchinson
Alabama Court of Appeals
Appeal from Marshall Circuit Court. Heard before Hon. W. W. Haralson. Action by M. P. Couch against J. D. Hutchinson and others upon a bond executed by the defendants to A. J. Mason of a certain date, and due and payable on the 10th of December, 19.08. Judgment for defendants, and plaintiff appeals.
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Appeal from Marshall Circuit Court. Heard before Hon. W. W. Haralson. Action by M. P. Couch against J. D. Hutchinson and others upon a bond executed by the defendants to A. J. Mason of a certain date, and due and payable on the 10th of December, 19.08. Judgment for defendants, and plaintiff appeals. The complaint alleges the facts set out above and also that the note was made payable to Mason-, who transferred and indorsed said note to plaintiff, and waived presentment for payment, protest, and notice of nonpayment. It also claims attorney’s fees. Plea 3 is as follows: “Defendant says that…
1Opinion of the CourtWalker, P. J.
To the complaint in this case counting on a bond or promissory note executed by the defendants (the appellees here) a special plea, numbered 3, was filed, which set up that the only consideration for the note sued on was the execution and delivery of a written contract purporting to confer on them certain patent rights, a copy of which was made an exhibit to the plea, which questioned the validity of that consideration on a ground stated. As the plea does not aver the existence of any fact collateral to the execution of the contract mentioned which was claimed to'affect its validity, and does…
2Cases cited7 opinions
- Equitable Loan & Security Co. v. WaringSupreme Court of Georgia · 1903
- Smith v. San Francisco & North Pacific Railway Co.California Supreme Court · 1897
- Hartford Fire Ins. v. Chicago, M. & St. P. Ry. Co.Court of Appeals for the Eighth Circuit · 1895
- Schmueckle v. WatersIndiana Supreme Court · 1890
- Smith v. DuBoseSupreme Court of Georgia · 1887
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3Cited by10 opinions
- First Alabama Bank Of Montgomery, N.A. v. First State Insurance CompanyCourt of Appeals for the First Circuit · 1990
- Georgia Fruit Exchange v. TurnipseedAlabama Court of Appeals · 1913
- Griffin v. JeffersSupreme Court of Alabama · 1930
- Gaines v. PoindexterDistrict Court, W.D. Louisiana · 1957
- W. L. Slayton & Co. v. Newton & MorganCourt of Appeals for the Fifth Circuit · 1924
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