Deshazo v. L. & E. Lamar
Alabama Court of Appeals
' Appeal from Circuit Court, Jefferson County; Romain Boyd, Judge. Assumpsit by L. & E. Lamar, claiming as indorsees of a check, against Albert C. Deshazo. Judgment for plaintiffs and defendant appeals. The title of a person who negotiates an instrument is defective, when he obtains the instrument by fraud or other unlawful means.
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' Appeal from Circuit Court, Jefferson County; Romain Boyd, Judge. Assumpsit by L. & E. Lamar, claiming as indorsees of a check, against Albert C. Deshazo. Judgment for plaintiffs and defendant appeals. The title of a person who negotiates an instrument is defective, when he obtains the instrument by fraud or other unlawful means. Section 5010, Code 1907; 145 Iowa, 185, 123 'N. W. 1000, 29 L. R. A. (N. S.) 638; 201 Ala. 197, 77 South. 723. Under the facts in this case, the burden is on the holder to prove that he or some other person under whom he claims acquired the title as a holder in due…
1Opinion of the Court
The defendant, who resided in Birmingham, Ala., went in person to Selma, Ala., and contracted with one Tarver for the purchase of 200 acres of land and as a part of the trade, deposited with one. Johnson, a neighbor of Tarver, a check dated November 5, 1917, and drawn on the American Trust Savings Bank of Birmingham, Ala., for $100, to be delivered to Tarver upon the delivery by Tarver to the attorney of defendant an abstract of title and deed to the land purchased, and upon the approval of the title and deed to the land by defendant's attorney, the check was then to be delivered and cashed…
2Cases cited5 opinions
- Cannon v. DillehayAlabama Court of Appeals · 1919
- Bunzel v. MaasSupreme Court of Alabama · 1896
- Farley v. BaldwinSupreme Court of Alabama · 1917
- Garrett v. CampbellCourt Of Appeals Of Indian Territory · 1899
- Webb v. McCainCourt Of Appeals Of Indian Territory · 1899
3Cited by4 opinions
- Howard National Bank v. WilsonSupreme Court of Vermont · 1923
- American National Bank v. KerleyOregon Supreme Court · 1923
- Sheldon v. StaggCourt of Appeals of Texas · 1943
- Ex Parte LamarSupreme Court of Alabama · 1920