Morton v. Clark
Alabama Court of Appeals
Appeal from Lamar Circuit Court. Heard before Hon. Bernard Harwood. Assumpsit by B. T. Clark against J. E. Morton and others. From a judgment for plaintiff, defendants appeal. The action urns upon a note which, in the amended complaint, it is alleged had been transferred in writing, and is noiv the property of the plaintiff, and that he had no notice of the defense in said note, etc.
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Appeal from Lamar Circuit Court. Heard before Hon. Bernard Harwood. Assumpsit by B. T. Clark against J. E. Morton and others. From a judgment for plaintiff, defendants appeal. The action urns upon a note which, in the amended complaint, it is alleged had been transferred in writing, and is noiv the property of the plaintiff, and that he had no notice of the defense in said note, etc. Mrs. Hattie Morton, one of the defendants, filed two pleas: First, that the note was executed by her as surety for her husband, and, second, that the note Avas the debt of the husband, and that she Avas not…
1Opinion of the CourtWalker, P. J.
The lack of support for the contention made in the brief of the counsel fob the appellants that “the court erred in overruling the demurrers to the complaint, because it was necessary for said complaint to aver that the said note was transferred in writing,” is apparent, in view of the facts that the demurrer which was overruled was the one to the complaint as it was amended, and that the amended complaint specifically averred that the note sued on was duly transferred and assigned in writing by the payee to the plaintiff before maturity.
In dealing with the assignments of error based upon the…
2Cases cited10 opinions
- Montgomery & Eufaula Railway Co. v. ThompsonSupreme Court of Alabama · 1884
- Brent v. BaldwinSupreme Court of Alabama · 1909
- Montgomery Street Railway Co. v. MasonSupreme Court of Alabama · 1901
- Smith v. RoneySupreme Court of Alabama · 1913
- Birmingham Railway Light & Power Co. v. MartinSupreme Court of Alabama · 1906
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3Cited by10 opinions
- Christ v. SpizmanAlabama Court of Appeals · 1948
- State v. BarnhillSupreme Court of Alabama · 1967
- DUDLEY BROTHERS LUMBER COMPANY v. LongSupreme Court of Alabama · 1959
- Johnston v. BridgesSupreme Court of Alabama · 1972
- Henry v. JacksonSupreme Court of Alabama · 1966
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