Clayton v. Bank of East Chattanooga
Supreme Court of Alabama
Appeal from Circuit Court, De Kalb County; W. W. Haralson, Judge. Assumpsit by the Bank of East Chattanooga against O. W. Clayton. Judgment for plaintiff, and defendant appeals. ■ Count 1 is as follows; The plaintiff claims of the defendant the sum of $1,000 due from him by promissory notes made by him on January 18, 1917, and due and payable 12 months from date, with interest thereon from date.
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Appeal from Circuit Court, De Kalb County; W. W. Haralson, Judge. Assumpsit by the Bank of East Chattanooga against O. W. Clayton. Judgment for plaintiff, and defendant appeals. ■ Count 1 is as follows; The plaintiff claims of the defendant the sum of $1,000 due from him by promissory notes made by him on January 18, 1917, and due and payable 12 months from date, with interest thereon from date. And plaintiff avers that in the execution of said note the defendant agreed to pay a reasonable attorney’s fee, if said note were not paid when due. Plaintiff further avers that said note was not paid…
1Opinion of the CourtSomerville, J.
[1] A complaint on a promissory note, not shown to be commercial paper, or which in terms, or by indorsement, is payable to bearer, need not allege that the payee indorsed it to the holder, and a simple allegation that it is the property of the plaintiff is sufficient. Sample v. T. V. Bank, 76 South. 936; Clark v. Moses, 50 Ala. 326; Morris v. Poillon, 50 Ala. 403; Nesbitt v. Pearson, 33 Ala. 668. Although it was stated in Dreher v. National Surety Co., 174 Ala. 490, 57 South. 34, that “good pleading should suggest that he [also] aver how or in what manner he was or became the beneficial…
2Cases cited12 opinions
- Sherrill v. Merchants & Mechanics T. & S. BankSupreme Court of Alabama · 1915
- Elmore County Bank v. AvantSupreme Court of Alabama · 1914
- German-American National Bank v. LewisAlabama Court of Appeals · 1913
- Armstrong v. WalkerSupreme Court of Alabama · 1917
- Alabama Grocery Co. v. 1st National BankSupreme Court of Alabama · 1908
7 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Crisp v. First Nat. Bank of BirminghamSupreme Court of Alabama · 1932
- Lowrance Motor Co. v. First National Bank of AuburnCourt of Appeals for the Fifth Circuit · 1956
- Pennoyer v. Dubois State BankWyoming Supreme Court · 1926
- Bank of East Chattanooga v. ClaytonSupreme Court of Alabama · 1921
- Braswell v. FlemingSupreme Court of Alabama · 1932
3 more not listed; retrieve them via the Exa API.