Booth v. Dexter Steam Fire Engine Co.
Supreme Court of Alabama
Appeal from fcbe Circuit Court of Montgomery. Tried before the Hon. John R. Tyson. This action was brought by the appellee, the Dexter Steam Fire Engine Company, No. 1, of the city of Montgomery, a corporation, against J. C. Booth and A. R. Booth; and counted upon a promissory note or bond, which was in words and figures as follows: ■ “Montgomery, Ala., January, 1894. On the 1st day of January, 1897, we promise to pay to the order of Dexter Fire Co. No. 1, the sum of six…
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Appeal from fcbe Circuit Court of Montgomery. Tried before the Hon. John R. Tyson. This action was brought by the appellee, the Dexter Steam Fire Engine Company, No. 1, of the city of Montgomery, a corporation, against J. C. Booth and A. R. Booth; and counted upon a promissory note or bond, which was in words and figures as follows: ■ “Montgomery, Ala., January, 1894. On the 1st day of January, 1897, we promise to pay to the order of Dexter Fire Co. No. 1, the sum of six 'hundred and thirty-three and 35-100 dollars. Value received. Negotiable and payable at the First National Bank; and we do…
1Opinion of the CourtHaralson, J.
1. If there was error in sustaining *377the demurrers to defendant’s pleas, except the 6th and 7th, it was error without injury, since the defendant had the full benefit, under the 6th and 7th pleas, demurrers to which were overruled, of the defense attempted to be presented by the other pleas, demurrers to which were sustained. — Pelican Ins. Co. v. Smith, 92 Ala. 428; Owings v. Binford, 80 Ala. 421.
2. It was admitted on the trial, that the complaint and the pleas,- — 6 and 7, — were fully proved. The case was tried by consent, by the presiding judge, without a jury, with finding and judgment…
2Cases cited14 opinions
- Prater v. MillerSupreme Court of Alabama · 1854
- Olive v. StateSupreme Court of Alabama · 1888
- Prince v. PrinceSupreme Court of Alabama · 1880
- Owings v. BinfordSupreme Court of Alabama · 1885
- Pelican Insurance v. SmithSupreme Court of Alabama · 1890
9 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Penry v. DozierSupreme Court of Alabama · 1909
- Jefferson County Savings Bank v. ComptonSupreme Court of Alabama · 1915
- Armijo v. HenryNew Mexico Supreme Court · 1907
- Chancellor v. ChancellorSupreme Court of Alabama · 1912
- Dillworth v. Holmes Furn. & Vehicle Co.Alabama Court of Appeals · 1916
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