Legal Opinion

Hamilton v. Harry L. Hussmann Refrigerator & Supply Co.

Supreme Court of Alabama

Decided April 1, 1926No. 8 Div. 857PublishedCited by 2 opinions

1Opinion of the CourtBouldin, J.

The suit is to recover the statutory penalty for failure to enter satisfaction on the record of a mortgage, on request in writing; the debt being “fully paid or satisfied.” Code 1923, §§ 9023, 9024. Upon the issue of payment in full vel non, the evidence, without conflict, showed: The mortgage was given to secure a series of 12 notes, payable monthly, aggregating $710, with interest at 6 per centum per annum. As they became due, the notes werfe collected through a bank. In each case an item of interest was figured and paid along with the principal. After all the notes were thus taken up, the…

2Cases cited5 opinions

  1. J. I. Case Threshing MacH. Co. v. McGuireSupreme Court of Alabama · 1918
  2. Mayhall v. WoodallSupreme Court of Alabama · 1915
  3. Martin v. WalkerSupreme Court of Alabama · 1916
  4. Scales v. Rosenbush Furniture Co.Supreme Court of Alabama · 1924
  5. Porter v. Tate Furniture Co.Supreme Court of Alabama · 1915

3Cited by2 opinions

  1. Kearley v. CowanSupreme Court of Alabama · 1928
  2. Wills v. CleghornSupreme Court of Alabama · 1926

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