Camp, Glover & Co. v. Randle & Co.
Supreme Court of Alabama
Appeal from the- Circuit Court of Cherokee. Tried before the Hon. James Aiken. Camp, Glover & Co., appellants, sued J. M. Eandle & Co., appellees, on two promissory notes, made by the latter payable to the former. The defendants pleaded “payment” and “usury.”
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Appeal from the- Circuit Court of Cherokee. Tried before the Hon. James Aiken. Camp, Glover & Co., appellants, sued J. M. Eandle & Co., appellees, on two promissory notes, made by the latter payable to the former. The defendants pleaded “payment” and “usury.” On the trial the plaintiffs introduced the notes, both of which bore date at Borne, Ga., Jan. 16,1882, and were payable, respectively, at sixty and ninety days, to the plaintiffs at their office, with interest from maturity at 12 per cent, per annum. The notes also provided for the payment of “all costs of collection, including 10 per…
1Opinion of the CourtStone, C. J.
— The notes declared on show on their faces that they are payable at the office of Camp, Glover & Co., and there was testimony tending to show that at and before the times when said notes were executed, the office of said payees was in the State of Georgia. If this testimony was believed, then the right to recover interest, and its rate, were dependent on the laws of Georgia; and it was incumbent on the plaintiffs to prove what those laws were. Courts of this State can not take judicial cognizance of the statutes of other States.— Garner v. Tiffany, Minor, 167; Peacock v. Banks, Ib., 387 ;…
2Cases cited8 opinions
- Harrison v. HarrisonSupreme Court of Alabama · 1852
- Dawson v. BurrusSupreme Court of Alabama · 1882
- Mobile & Cedar Point R. R. v. Talman & RalstonsSupreme Court of Alabama · 1849
- Robinson v. BullockSupreme Court of Alabama · 1880
- Hunt v. MayfieldSupreme Court of Alabama · 1829
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3Cited by7 opinions
- Stephenson v. AllisonSupreme Court of Alabama · 1898
- Southern Express Co. v. OwensSupreme Court of Alabama · 1906
- Tompkins v. DrennenSupreme Court of Alabama · 1891
- Bowie v. HallCourt of Appeals of Maryland · 1888
- Alger-Sullivan Lumber Co. v. Union Trust Co.Supreme Court of Alabama · 1928
2 more not listed; retrieve them via the Exa API.