Carter v. Odom
Supreme Court of Alabama
Appeal from tbe Circuit Court of Walker. Tried before tbe Hon. E. H. Cabaniss, Special Judge. James Odom, Sr., brought suit against Carter and others as tbe endorsers of a promissory note. The making and endorsing of the note were at the same time and as one transaction.. It was given to pay an antecedent debt for money loaned by Odom to the makers of the note.
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Appeal from tbe Circuit Court of Walker. Tried before tbe Hon. E. H. Cabaniss, Special Judge. James Odom, Sr., brought suit against Carter and others as tbe endorsers of a promissory note. The making and endorsing of the note were at the same time and as one transaction.. It was given to pay an antecedent debt for money loaned by Odom to the makers of the note. There were certain demurrers interposed and ruled on, but they need no notice, as they are not referred to in the opinion. The defendants pleaded the general issue, want of consideration, and statute of .'fraud. A demurrer to the last…
1Opinion of the CourtTyson, J.
— Tbe note sued upon was a negotiable instrument and governed by tbe commercial law as to days of grace, protest and notice. — Code, § 869, and authorities cited under it.
Tbe record shows that tbe defendants admitted in open court that the note was given by the maker for borrowed money and tbe indorsements by tbe defendants were executed by them contemporaneously with its execution by tbe maker. There was then a valuable consideration for their indorsements and tbe statute of frauds has no application. Tbe consideration expressed in tbe note will support the contract of indorsement and it…
2Cases cited28 opinions
- D'Wolf v. RabaudSupreme Court of the United States · 1828
- Lawson v. HicksSupreme Court of Alabama · 1862
- Rutledge's Adm'r v. Townsend, Crane & Co.Supreme Court of Alabama · 1863
- Moses v. Lawrence County BankSupreme Court of the United States · 1893
- Marks v. First National BankSupreme Court of Alabama · 1885
23 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Nashville, Chattanooga & St. Louis Railway v. CrosbySupreme Court of Alabama · 1915
- Hamill v. McCallaSupreme Court of Alabama · 1934
- Merritt v. CoffinSupreme Court of Alabama · 1907
- Falkner v. Protective Life Ins. Co.Supreme Court of Alabama · 1934
- Fidelity-Phenix Fire Insurance Company v. LawlerAlabama Court of Appeals · 1955
4 more not listed; retrieve them via the Exa API.