Carmelich v. Mims
Supreme Court of Alabama
Appeal from the Circuit Court of Mobile. Tried before the Hon. Wm. E. Clarke. This. action was brought by Livingston Mims, against Prank M. Carmelich; was commenced on the 7th November, 1886; and was founded on the defendant’s promissory note for $499, which, as described in the complaint, was dated June 18th, 1886, payable to his own order, at the First National Bank of Mobile, on the 1st October after date, and indorsed by him, before maturity, to the plaintiff.
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Appeal from the Circuit Court of Mobile. Tried before the Hon. Wm. E. Clarke. This. action was brought by Livingston Mims, against Prank M. Carmelich; was commenced on the 7th November, 1886; and was founded on the defendant’s promissory note for $499, which, as described in the complaint, was dated June 18th, 1886, payable to his own order, at the First National Bank of Mobile, on the 1st October after date, and indorsed by him, before maturity, to the plaintiff. The defendant filed five pleas, as follows: “(1.) General issue.” “(2.) Failure of consideration.” “(3.) Deception and fraudulent…
1Opinion of the CourtSomebyille, J.
1. The second and third pleas were manifestly demurrable in failing to state the facts, which, in the one case, constituted the alleged “failure of consideration,” and in the other the alleged “fraudulent misrepresentation,” relied on by the defendant as a defense to the suit. Phœnix Ins. Co. v. Moog, 78 Ala. 284, 301, and cases cited; Code, 1886, § 2674.
An entirely different case would be presented, if ordinary pleas had been interposed by their respective and well known names, as recognized in the settled nomenclature of pleading, or by common practice, and this had been done ’“in short by…
2Cases cited7 opinions
- Phœnix Insurance v. MoogSupreme Court of Alabama · 1884
- Ala. Coal Mining Co. v. BrainardSupreme Court of Alabama · 1860
- Sheffield Land, Iron & Coal Co. v. NeillSupreme Court of Alabama · 1888
- Governor v. BancroftSupreme Court of Alabama · 1849
- Lacy v. RockettSupreme Court of Alabama · 1847
2 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Elliott v. HowisonSupreme Court of Alabama · 1906
- Equitable Accident Insurance v. OsbornSupreme Court of Alabama · 1890
- Allen v. Standard Ins.Supreme Court of Alabama · 1916
- Hornaday v. First Nat. Bank of Birmingham, Inc.Supreme Court of Alabama · 1952
- Stull v. Daniel MacH. Co.Supreme Court of Alabama · 1922
13 more not listed; retrieve them via the Exa API.