Dundee Mortgage & Trust Investment Co. v. Nixon
Supreme Court of Alabama
Appeal from the Circuit Court of Marengo. Tried before the Hon. "Wir. E. Clarke. This action was brought by the appellant, described in the summons and complaint as “a corporation under the laws of Great Britain,” against ¥m.
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Appeal from the Circuit Court of Marengo. Tried before the Hon. "Wir. E. Clarke. This action was brought by the appellant, described in the summons and complaint as “a corporation under the laws of Great Britain,” against ¥m. G. Nixon, J. W. Bush and W. M. Bush; and was commenced on the 24th April, 1888. The action was founded on the defendants’ writing obligatory, or promissory note under seal, for $1,700, which was datecl “Uniontown, Ala., May 28th, 1887,” and payable November 1st, 1887, “to the order of Erancis, Smith, Caldwell & Co., for the use of Dundee Mortgage & Trust Investment…
1Opinion of the CourtColeman, J.
Facts which are averred in a complaint need not be pleaded in defense, or, if set up in a plea, as a general rule, need not be proved by the plaintiff. So far as the rights of the plaintiff are concerned, the defendant has the right to consider facts averred in the complaint to be true.
The complaint in this case sufficiently shows that plaintiff *321is a foreign corporation. The plaintiff offered in evidence a promissory note, beaded and dated TJniontown, Ala. Prima facie, Alabama was tlie place of its execution, and no other evidence being offered on this question, tbe law presumes the contract…
2Cases cited4 opinions
- American Freehold Land Mortgage Co. v. SewellSupreme Court of Alabama · 1890
- Ware v. Hamilton Brown Shoe Co.Supreme Court of Alabama · 1890
- Nelms v. Edinburg American Land Mortgage Co.Supreme Court of Alabama · 1890
- Masterson v. GibsonSupreme Court of Alabama · 1876
3Cited by7 opinions
- Berlin Machine Works v. Ewart L. Co.Supreme Court of Alabama · 1913
- Coburn v. CokeSupreme Court of Alabama · 1915
- Engle v. PattersonSupreme Court of Alabama · 1910
- Hood v. Abraham French & Co.Supreme Court of Florida · 1896
- Jones v. ShomakerSupreme Court of Florida · 1899
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