First National Bank of Decatur v. Johnston
Supreme Court of Alabama
Appeal from tbe City Court of Anniston. Tried before Hon. B. F. Cassidy. (No brief came to tbe hands of the Reporter.) contended that having averred in the replication that the Decatur Bank had acquired the notes without notice, relieved Johnson of making such proof, citing First National Bank v. Dawson, 78 Ala. 67; L. & N. B. B. Go. v. Johnson, 79 Ala. 436; Highland Avenue & B. B. II. v. Winn, 9 So.
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Appeal from tbe City Court of Anniston. Tried before Hon. B. F. Cassidy. (No brief came to tbe hands of the Reporter.) contended that having averred in the replication that the Decatur Bank had acquired the notes without notice, relieved Johnson of making such proof, citing First National Bank v. Dawson, 78 Ala. 67; L. & N. B. B. Go. v. Johnson, 79 Ala. 436; Highland Avenue & B. B. II. v. Winn, 9 So. Rep., and insisting that notes having blanks therein were non-negotiable, cited Tiedeman on Commercial paper, Sec. 17; Daniel on Negotiable Instruments Sec. 99; Parsons on Contracts, Sec. 250. As…
1Opinion of the CourtThorington, J.
— Appellee being indebted to the First National Bank of Sheffield on the 15th day of November, 1889, sent to said bank his two promissory notes, of that date, for $1,500.00 each, payable at ninety days, one of said notes being payable to appellee’s own order and indorsed by him, and the other having the name of the payee in blank, but was indorsed by appellee. • The two papers were given in renewal and extension of other paper of appellee held by the bank and which appellee expected to be surrendered in consideration of the two notes above described.
The Sheffield Bank, however, prior to…
2Cases cited4 opinions
- Murray v. LardnerSupreme Court of the United States · 1865
- Corn Exchange Bk. of Chicago v. . BlyeNew York Court of Appeals · 1886
- Connerly & Co. v. Planter's & Merchants' InsuranceSupreme Court of Alabama · 1880
- Miller & Co. v. BoykinSupreme Court of Alabama · 1881
3Cited by6 opinions
- Simpson v. First Nat. BankOregon Supreme Court · 1919
- Vann v. MarburySupreme Court of Alabama · 1893
- Starr Piano Co. v. BakerAlabama Court of Appeals · 1913
- Prim & Kimbell v. HammelSupreme Court of Alabama · 1902
- Louisville Banking Co. v. Howard & KornegaySupreme Court of Alabama · 1898
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