Woodall & Sons v. People's National Bank
Supreme Court of Alabama
9. Evidence; Admissibility. — Where the defendant sets up fraud or misrepresentation in the procurement of his acceptance of certain bills of exchange and the plaintiff replies that he is a purchaser for value without notice before maturity and proves his purchase for value before maturity, and defendant fails to show' such actual knowledge or notice to the plaintiff of the infirmities in the bills of exchange, evidence as to the fraud or misrepresentation is not admissible.
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9. Evidence; Admissibility. — Where the defendant sets up fraud or misrepresentation in the procurement of his acceptance of certain bills of exchange and the plaintiff replies that he is a purchaser for value without notice before maturity and proves his purchase for value before maturity, and defendant fails to show' such actual knowledge or notice to the plaintiff of the infirmities in the bills of exchange, evidence as to the fraud or misrepresentation is not admissible. Appeal from Chambers Circuit Court. Heard before Hon. S. L. Brewer. Action' by the Peoples’ National Bank of Leesburg,…
1Opinion of the CourtHaralson, J.
— There is no merit in the demurrers to the complaint. The institution of a suit in a court of this state by a foreign corporation is not an act of business therein, and may be done without having a place of business or an agent in this state. The mere fact of drawing notes or bills by such a corporation does not iinply the transaction of business in the state. — Goo'lc v. Rome B. Go., 98 Ala. 409, 12 South. 918.
The two drafts sued on might well have been described in one count. — Bird v. Danniel, 9 Ala. 302; Code 1896, § 3292.
The bills or drafts in this case were each dated May' 12, 1904,…
2Cases cited8 opinions
- Cook v. Rome Brick Co.Supreme Court of Alabama · 1893
- Alabama National Bank v. HalseySupreme Court of Alabama · 1895
- Blackman v. Lehman, Durr & Co.Supreme Court of Alabama · 1879
- Capital City Insurance v. QuinnSupreme Court of Alabama · 1883
- Ross v. Drinkard's Adm'rSupreme Court of Alabama · 1860
3 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Commercial Credit Co. v. TarwaterSupreme Court of Alabama · 1926
- Marsh v. Elba Bank & Trust Co.Supreme Court of Alabama · 1920
- Alpena Portland Cement Co. v. Jenkins & Reynolds Co.Illinois Supreme Court · 1910
- Crandall-Pettee Co. v. Jebeles & Colias Conf. Co.Supreme Court of Alabama · 1915
- Smith Bros. v. Agee & Co.Supreme Court of Alabama · 1912
9 more not listed; retrieve them via the Exa API.