Coston-Riles Lumber Co. v. Alabama MacHinery & Supply Co.
Supreme Court of Alabama
Appeal from Circuit Court, Montgomery County; Leon McCord, Judge. Action by the Alabama Machinery & Supply Company against the Coston-Riles Lumber Company. Judgment for plaintiff, and defendant appeals. The appellee, Alabama Machinery’ & Supply Company, sued appellant, Coston-Riles Lumber Company, in the circuit court on certain promissory notes specifically set up in defendant’s pleading. Both .of said parties were domestic corporations.
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Appeal from Circuit Court, Montgomery County; Leon McCord, Judge. Action by the Alabama Machinery & Supply Company against the Coston-Riles Lumber Company. Judgment for plaintiff, and defendant appeals. The appellee, Alabama Machinery’ & Supply Company, sued appellant, Coston-Riles Lumber Company, in the circuit court on certain promissory notes specifically set up in defendant’s pleading. Both .of said parties were domestic corporations. It is specifically averred in the complaint that— “All suits for the collection for said goods or of notes given or for the recovery of said goods or for…
1Opinion of the CourtSomerville, J.
As shown by the státement of facts above, the defendant corporation, domiciled and doing business in Jefferson county, and not doing business in Montgomery county, authorized its secretary-treasurer, by a resolution duly shown by its minutes, to execute to the plaintiff corporation “the company’s note for four months for the amount we owe them.”
Under that authority, thus expressed, defendant’s secretary-treasurer closed up defendant’s indebtedness to plaintiff by executing four several promissory notes, reciting that they were given for the purchase money for certain machinery, the title to…
2Cases cited4 opinions
- Bank v. BryanWest Virginia Supreme Court · 1913
- Stewart v. Capital Fertilizer Co.Supreme Court of Alabama · 1922
- Hall Safe & Lock Co. v. HarwellSupreme Court of Alabama · 1889
- Scales & Co. v. Mount & Co.Supreme Court of Alabama · 1890
3Cited by12 opinions
- Pearson v. Agricultural Ins. Co.Supreme Court of Alabama · 1946
- Alabama Power Co. v. SmithSupreme Court of Alabama · 1934
- United States Fidelity & Guaranty Co. v. First Nat. Bank of LincolnSupreme Court of Alabama · 1932
- Shows v. JacksonSupreme Court of Alabama · 1926
- Monarch Refrigerating Co. v. FaulkSupreme Court of Alabama · 1934
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