Cobb v. Bryant
Supreme Court of Alabama
Appeal from the Circuit Court of Geneva. Tried before the Hon. Jesse M. Carmichael. This action was brought by J. C. Bryant, against A. A. Cobb, Joseph Clark, and D. C. Lassiter; and was commenced in a justice’s court. The original complaint was in the name of J. C. Bryant, “agent of the Singer Manufacturing Company;” but these superadded words were struck out by amendment in the Circuit Court, as the judgment-entry recites.
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Appeal from the Circuit Court of Geneva. Tried before the Hon. Jesse M. Carmichael. This action was brought by J. C. Bryant, against A. A. Cobb, Joseph Clark, and D. C. Lassiter; and was commenced in a justice’s court. The original complaint was in the name of J. C. Bryant, “agent of the Singer Manufacturing Company;” but these superadded words were struck out by amendment in the Circuit Court, as the judgment-entry recites. The cause of action was a promissory note for $70.50, which purported to be signed by all of the defendants, was dated May 4th, 1888, payable on October 1st to “the…
1Opinion of the CourtSomerville, J.
The note sued on is payable to the “Singer Manufacturing Company, or bearer,” in the sum of seventy 50-100 dollars. Under the provisions of section 17 61 of the Code, a bond, bill or note, except those issued to circulate as money, “if payable to an existing person, or bearer, must be construed as if payable to such person or order.” — Code, 1886, § 1761; Blackman v. Lehman, 63 Ala. 547. Construing the note to be payable to the payee named, or order, and there being no indorsement of the instrument by the payee — no written order directing its payment to another — the legal title was clearly…
2Cases cited2 opinions
- Blackman v. Lehman, Durr & Co.Supreme Court of Alabama · 1879
- Jarrell v. LillieSupreme Court of Alabama · 1866
3Cited by4 opinions
- First National Bank v. NelsonSupreme Court of Alabama · 1894
- Turnipseed v. BurtonAlabama Court of Appeals · 1912
- Kansas City, Memphis & Birmingham Railroad v. CobbSupreme Court of Alabama · 1893
- Bennett v. CIT Bank, N.A.District Court, N.D. Alabama · 2021