Bolling & Son v. McKenzie
Supreme Court of Alabama
Appeal from the Circuit Court of Butler. Tried before the Hon. John P. Hubbard. This action was brought by R. E. Bolling & Son, suing as partners, against B. B. McKenzie, and was founded on the defendant’s indorsement of a bill of exchange for $2,664.04, which was described in the complaint as “drawn by the Southern Railway Construction & Land Company, on June 1st, 1887, upon O. W. Scofield, president, for the payment of said sum of $2,664.04 to the order of defendant, by…
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Appeal from the Circuit Court of Butler. Tried before the Hon. John P. Hubbard. This action was brought by R. E. Bolling & Son, suing as partners, against B. B. McKenzie, and was founded on the defendant’s indorsement of a bill of exchange for $2,664.04, which was described in the complaint as “drawn by the Southern Railway Construction & Land Company, on June 1st, 1887, upon O. W. Scofield, president, for the payment of said sum of $2,664.04 to the order of defendant, by whom said bill was indorsed to plaintiffs; and said bill not being paid at maturity, the same was duly protested, of which…
1Opinion of the CourtStone, C. J.
The bill of exchange which is the foundation of the present suit is described in the complaint as drawn by the Southern Railway Construction and Land Company, upon C. W. Scofield, president, payable to the order of B. B. McKenzie, and by him indorsed to R. E. Bolling & Son. The bill bears deate, as it is averred, June 1, 1887, and it is not stated when it matured, or would mature. We suppose no day was fixed, for its payment. We must presume it was payable when presented. The complaint avers that “the said bill, not being paid at matu*474rity, was duly protested, of which the defendant (McKenzie)…
2Cases cited5 opinions
- Thornton v. WynnSupreme Court of the United States · 1827
- Pugh v. McCormickSupreme Court of the United States · 1872
- Rives v. ParmleySupreme Court of Alabama · 1850
- John v. City National BankSupreme Court of Alabama · 1876
- Flowers v. BittingSupreme Court of Alabama · 1871
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- Town of New Decatur v. ScharfenbergSupreme Court of Alabama · 1906
- Deal v. Atlantic Coast Line R. Co.Supreme Court of Alabama · 1932
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