Peck v. Wallace
Supreme Court of Alabama
ERROR to the Circuit Court of Tuskaloosa. Tried before the Hon. John D. Phelan. The only question made on this record is, was the money at the time it was paid, lawfully paid by the plaintiffs in error, to Boyd, the payee of the note? The question is not decided against tbe plaintiffs in error, by bolding that they were the agents of the defendants in error by receiving the note of them.
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ERROR to the Circuit Court of Tuskaloosa. Tried before the Hon. John D. Phelan. The only question made on this record is, was the money at the time it was paid, lawfully paid by the plaintiffs in error, to Boyd, the payee of the note? The question is not decided against tbe plaintiffs in error, by bolding that they were the agents of the defendants in error by receiving the note of them. This is undoubtedly true in one sense, but were they not also the agents of Boyd to whom the note was made payable'? The note being payable to Boyd, and not endorsed, suit upon it must have been brought in…
1Opinion of the CourtParsons, J.
This case was here-on two former occasions.— 10 Ala, 146; 12 ib. 768. But it was here on those occasions upon facts that do not appear in it now. It does not now appear that Boyd, the payee, ever endorsed the note; nor is there any evidence, except what the plaintiffs below introduced, and to that the defendants below demurred, and the court, upon the demurrer to the evidence, gave judgment against the defendants below, who are now the plaintiffs in error. To give the plaintiffs below the benefit of every fact, which their evidence conduced to prove, the question is, whether they made out a…
2Cited by2 opinions
- Hudson v. KellySupreme Court of Alabama · 1881
- Moss Mercantile Co. v. First Nat. BankOregon Supreme Court · 1905