Stewart v. Bibb County Banking & Trust Co.
Supreme Court of Alabama
Appeal from Perry Circuit Court. Heard before Hon. B. M. Miller. Action by the Bibb County Banking & Trust Company against C. J. Stewart. Judgment for plaintiff, and defendant appeals. It appears that tbe notes were made payable to the order of N. H. Thompson, and negotiable and payable at the office of the plaintiff.
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Appeal from Perry Circuit Court. Heard before Hon. B. M. Miller. Action by the Bibb County Banking & Trust Company against C. J. Stewart. Judgment for plaintiff, and defendant appeals. It appears that tbe notes were made payable to the order of N. H. Thompson, and negotiable and payable at the office of the plaintiff. It is alleged that they were transferred and indorsed to plaintiff on the 15th day of January, 1904, and have been ever since and are now the property of the plaintiff. The following are the pleas: (2) “That the note sued on in said complaint, and the notes sued on in each count…
1Opinion of the CourtDowdell, C. J.
It is not questioned that the notes sued on are negotiable promissory notes. It is alleged that the notes were acquired by the plaintiff, appellee here, before maturity and for value. The defendant filed 11 pleas; the first being the general issue, and the rest special pleas setting up special defenses. The plaintiff interposed demurrers to all of the special pleas except the eighth and tenth, which demurrers were sustained by the court. The case was tried on tin' first, eighth, and tenth pleas, on which issue ivas joined, and a verdict and judgment rendered in favor of the plaintiff. The…
2Cases cited3 opinions
- Connerly & Co. v. Planter's & Merchants' InsuranceSupreme Court of Alabama · 1880
- Hart v. AdlerSupreme Court of Alabama · 1895
- Prim & Kimbell v. HammelSupreme Court of Alabama · 1902
3Cited by1 opinion
- Slaughter v. GreenSupreme Court of Alabama · 1920