German-American National Bank v. Lewis
Alabama Court of Appeals
Appeal from Mobile Law and Equity Court. Heard before Hon. Saffold Berney. Assumpsit by tbe German-American National Bank against James A. Lewis. Judgment for defendant and plaintiff appeals.
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Appeal from Mobile Law and Equity Court. Heard before Hon. Saffold Berney. Assumpsit by tbe German-American National Bank against James A. Lewis. Judgment for defendant and plaintiff appeals. Tbe court erred in overruling plaintiff’s demurrer to defendant’s second plea. — Secs. 5012 and 5014, Code 1907. Tbe court erred in rendering judgment for defendant, first, because no sworn plea was filed as required by section 5332, Code 1907. — Payne v. Broadfoot, 100 Ala. 610. Tbe only real issue is is plaintiff a bolder of said note in due course, as be was a bolder for value? — Section 4982, Code…
1Opinion of the Court
THOMAS, J. —
It is elementary, of course, that tbe indorsee of a negotiable promissory note who seeks protection as a bona fide purchaser against secret defenses set up by tbe maker, in a suit on tbe note by tbe former against the latter, is required to plead it. Of course, it is allowable, when not objected to (Com. Bank v. King, 107 Ala. 484, 18 South. 243), though certainly it is not proper, and is neither wise nor logical, for tbe *355plaintiff to do this in the declaration or complaint, whose legitimate function is merely to set forth plaintiff’s cause of action. To do so is hut “crossing a…
2Cases cited17 opinions
- Alabama National Bank v. HalseySupreme Court of Alabama · 1895
- Blackman v. Lehman, Durr & Co.Supreme Court of Alabama · 1879
- Troup v. Morgan CountySupreme Court of Alabama · 1895
- Fox v. Bank of Kansas CitySupreme Court of Kansas · 1883
- Manufacturers' National Bank of Racine v. NewellWisconsin Supreme Court · 1888
12 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Citizens Nat. Bank v. BuckheitAlabama Court of Appeals · 1916
- Thomas v. BarnesSupreme Court of Alabama · 1929
- Somerall v. Citizens' BankSupreme Court of Alabama · 1924
- Federal Automobile Ins. Ass'n v. MeyersSupreme Court of Alabama · 1928
- Ashley & Rumelin v. BradyIdaho Supreme Court · 1925
17 more not listed; retrieve them via the Exa API.