Chambers v. Falkner
Supreme Court of Alabama
Appear, from the Chancery Court of Montgomery. Heard before the Hon. H. Austill. The original bill in this case was filed on the 17th August, 1878, by the Campbell Printing Press and Manufacturing Company, a corporation chartered under the laws of New York, against J. M. Falkner, W. L. Chambers, the several persons composing the firm of Moses Brothers, a partnership doing business in the city of Montgomery, and Robert H. Molton, as the administrator of the estate of Kate A.…
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Appear, from the Chancery Court of Montgomery. Heard before the Hon. H. Austill. The original bill in this case was filed on the 17th August, 1878, by the Campbell Printing Press and Manufacturing Company, a corporation chartered under the laws of New York, against J. M. Falkner, W. L. Chambers, the several persons composing the firm of Moses Brothers, a partnership doing business in the city of Montgomery, and Robert H. Molton, as the administrator of the estate of Kate A. Glover, deceased ; and sought the foreclosure of a mortgage, which said Falkner had executed to the complainant, an…
1Opinion of the CourtBb.iokbll, C. J.
— 1. If it is not manifest from the note and mortgage, that each was executed to Chambers in an official capacity, and not individually, the parol evidence is full and clear that such is the fact. The consideration moved wholly from the corporation known as the Alabama State Grange, or by its corporate name, State Grange of the Patrons of Husbandry of Alabama; and that it was the intention the note and mortgage should be executed to Chambers as its president, and for' its benefit, is fully proved. There was no objection to parol evidence of the facts, and, if there had been, it could not have…
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