Terrell v. Branch Bank at Mobile
Supreme Court of Alabama
Writ, of Error to the Circuit Court of Mobile. This was a .proceeding by notice and motion, at the suit of the defendant in error, to recover of the plaintiff the amount of a promissory note, of which he was alledged to be the maker. The defendant filed several pleas, and thereupon issues were made up and submitted to a jury, who returned a verdict for the plaintiff below, on which judgment was rendered. On the trial, the defendant excepted to the ruling of the court.
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Writ, of Error to the Circuit Court of Mobile. This was a .proceeding by notice and motion, at the suit of the defendant in error, to recover of the plaintiff the amount of a promissory note, of which he was alledged to be the maker. The defendant filed several pleas, and thereupon issues were made up and submitted to a jury, who returned a verdict for the plaintiff below, on which judgment was rendered. On the trial, the defendant excepted to the ruling of the court. It appears from the bill of exceptions, that the plaintiff having read to the jury the note described in the notice, adduced…
1Opinion of the CourtCollier, C. J.
In Lucas v. The Bank of Darien, 2 Stewart’s Rep. 321, after the dissolution of a partnership, one of the late partners offered for discount to the directory of a bank, of which he was one of the board, a note made in the firm name. The court said, it was unreasonable to suppose the partner offering the note made any disclosure to the directory, which would have rendered his application for a discount unavailing. Besides, to give the argument any plausibility, it must be supposed that as a director, he passed up- . on his own application — natural justice, sustained by that; delicacy, common…
2Cited by24 opinions
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- Girard Fire Marine Ins. Co. v. GunnSupreme Court of Alabama · 1930
- Central of Georgia Railway Co. v. JosephSupreme Court of Alabama · 1899
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