White v. Central Nat. Bank
Supreme Court of Alabama
Appeal from Circuit Court, Morgan County; R. C. Briekell, Judge. Action by the Central National Bank against J. R. White and others. Judgment for plaintiff, and defendants appeal.
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Appeal from Circuit Court, Morgan County; R. C. Briekell, Judge. Action by the Central National Bank against J. R. White and others. Judgment for plaintiff, and defendants appeal. Transferred from the Court of Appeals under Acts 1911, p. 449, § 6. Suit by appellee against the appellant J. R. White, begun in the justice court upon a note executed April 24, 1914, by the said J. R. White, which said note was negotiable and payable to the order of the maker four months after date, and indorsed on the back thereof by the maker, and which was the property of the plaintiff. From a judgment for…
1Opinion of the CourtGardner, J.
[1] The pleas of the defendants were addressed to the complaint as a whole, which consisted of counts 2 and 3. Demurrer was sustained as to pleas 1 and 2, and overruled as to 3, 5, 6, and 7. Fleas 1 and 2 attempted to set up misrepresentation or fraud on the part of the agent of' the Pep-to-Lac Company, as to the value of shares of stock in said company, for the purchase price of which the note was given.
Count 2 alleged that the plaintiff “is a holder in due course of said note.” Under the provisions of our statute (section 5007, Code 1007), a holder in due course is a holder who has taken…
2Cases cited3 opinions
- Sample v. Tennessee Valley BankSupreme Court of Alabama · 1917
- Kimball v. PenneySupreme Court of Alabama · 1897
- Neill v. Central Nat. BankSupreme Court of Alabama · 1917
3Cited by3 opinions
- Industrial Sav. Bank v. GreenwaldSupreme Court of Alabama · 1935
- Stevens v. TaylorSupreme Court of Alabama · 1930
- Nelson v. DarleySupreme Court of Alabama · 1939