Lehman v. Austin
Supreme Court of Alabama
Appeal from Selma City Court. Heard before Hon. J. W. Mabry. Action by M. M. Lehman and J. G. Wilkins, trading under the firm name and style of American Candy Manufacturing Company, against J. C. Austin and another. From a judgment for defendants, plaintiffs appeal. Transferred from Court of Appeals under section 6, Acts 1911, p. 450. The first nine counts were the usual action on the promissory notes, and declared on nine separate notes.
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Appeal from Selma City Court. Heard before Hon. J. W. Mabry. Action by M. M. Lehman and J. G. Wilkins, trading under the firm name and style of American Candy Manufacturing Company, against J. C. Austin and another. From a judgment for defendants, plaintiffs appeal. Transferred from Court of Appeals under section 6, Acts 1911, p. 450. The first nine counts were the usual action on the promissory notes, and declared on nine separate notes. The other counts declared on promissory notes drawn by the Selma Garage Company, by G. W. Payne, manager, which said note was, before its negotiation,…
1Opinion of the CourtGardner, J.
Appellants, as partners doing business under the firm name of American Candy Manufacturing Company, brought suit against these defendants on certain promissory notes payable to plaintiffs, drawn by the Selma Garage Company and indorsed by defendants. The suit proceeded against defendants as indorsers of said notes, and resulted in a judgment for defendants against plaintiffs for $75 excess under the plea of defendants, and from the judgment this appeal is prosecuted.
It appears from the evidence that the defendants, at the time of the transaction here involved, were engaged in the business of…
2Cases cited5 opinions
- Grisham v. BodmanSupreme Court of Alabama · 1895
- Carolina-Portland Cement Co. v. Alabama Construction Co.Supreme Court of Alabama · 1909
- Meador v. EvansSupreme Court of Alabama · 1914
- Mitchell Square Bale Ginning Co. v. GrantSupreme Court of Alabama · 1904
- Dalton v. Bunn & AllisonSupreme Court of Alabama · 1907
3Cited by2 opinions
- Roberts v. WilliamsSupreme Court of Alabama · 1916
- First Nat. Bank v. WilliamsAlabama Court of Appeals · 1920