Culberson v. American Trust & Banking Co.
Supreme Court of Alabama
Appeal from City Court of Anniston. Tried before the Hon. James W. Lapsley. The present suit was brought by the appellee, the American Trust & Banking Company against A. Culberson upon a note under seaí, made by the defendant, A. Culberson, to the Interstate Abstract Company, and endorsed by the payee to the plaintiff. , The complaint avers that the note is payable at the office of the Neal Loan & Banking Co., Atlanta, Ga., to the payee, who resided at the time the note was…
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Appeal from City Court of Anniston. Tried before the Hon. James W. Lapsley. The present suit was brought by the appellee, the American Trust & Banking Company against A. Culberson upon a note under seaí, made by the defendant, A. Culberson, to the Interstate Abstract Company, and endorsed by the payee to the plaintiff. , The complaint avers that the note is payable at the office of the Neal Loan & Banking Co., Atlanta, Ga., to the payee, who resided at the time the note was made and when complaint was filed in Atlanta, Ga., and that the note is governed by the laws of Georgia; that by said…
1Opinion of the CourtHaralson, J.
1. The special pleas, — 2 and 6,— set up the defense, that the payee of the note sued on was a foreign corporation, and had not complied with the constitution (Art. XIV., Sec. 4.) and statute of the State (Code, § 1209) in respect to carrying on or doing business in this State. The plaintiff filed two special replications to these pleas, designed to be, and which are “brief statements in plain language of the facts relied on as answer to the plea.” — Code, § 2688. These replications are confessions of the facts relied on in the pleas, to avoid the note sued on; and are themselves in avoidance…
2Cases cited3 opinions
- Robbins v. Shelby County Taxing DistrictSupreme Court of the United States · 1887
- Cooper Manufacturing Co. v. FergusonSupreme Court of the United States · 1885
- Lee v. DeBardeleben Coal & Iron Co.Supreme Court of Alabama · 1893
3Cited by7 opinions
- Emerson-Brantingham Implement Co. v. ArringtonSupreme Court of Alabama · 1927
- Padgett v. Gulfport Fertilizer Co.Alabama Court of Appeals · 1914
- Louisville & Nashville Railroad v. WalkerSupreme Court of Alabama · 1900
- United States v. TuckerDistrict Court, S.D. Ohio · 1911
- Fifth Avenue Library Society v. RhodesSupreme Court of Alabama · 1915
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