Legal Opinion

Knox v. Rivers Bros.

Alabama Court of Appeals

Decided December 14, 1920No. 1 Div. 391Published

Appeal from Circuit Court, Mobile County ; Saft'old Berney, Judg*. Assumpsit by, L. J. Knox against the firm of Rivers Bros., and the individuals composing the firm. From a judgment sustaining demurrers to the complaint as well as a judgment for the defendant, the plaintiff appeals. The complaint is a substantial compliance with the code form, and is sufficient. 16 Ala.

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Appeal from Circuit Court, Mobile County ; Saft'old Berney, Judg*. Assumpsit by, L. J. Knox against the firm of Rivers Bros., and the individuals composing the firm. From a judgment sustaining demurrers to the complaint as well as a judgment for the defendant, the plaintiff appeals. The complaint is a substantial compliance with the code form, and is sufficient. 16 Ala. App. 654, 81 South. 146; 192 Ala. 611, 69 South. 15; 108 Ala. 511, 18 South. 530. The instrument declared on is a bill of exchange. Acts 1909, p. 146. It is not necessary that the signature be made in the usual place at the…

1Opinion of the CourtSajviford, J.

The questions presented by this appeal arise on'the court’s ruling on demurrer to the following count:

“Plaintiff claims of the defendant $800 due on a bill of exchange drawn by the defendant on, to wit, the 2d day of February, 1918, for the payment of $800' to the plaintiff, which said bill of exchange is in substance as follows:
“No. -. O. K. by -.
“Taylor,' Lowenstein & Co.,
“Naval Stores Factors & Exporters.
“Second 2 and 2 . 1918.
“Pay to the order of L'. J. Knox $800.00' eight hundred dollars for Rivers Bros., value received, and charge to account of '-.
“To Taylor, Lowenstein & Co., Mobile,…

2Cases cited4 opinions

  1. Eudora Mining & Development Co. v. BarclaySupreme Court of Alabama · 1898
  2. Lampkin v. StateSupreme Court of Alabama · 1894
  3. Chattanooga Brewing Co. v. SmithAlabama Court of Appeals · 1911
  4. Carrington v. OdomSupreme Court of Alabama · 1899

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