Weaver v. Henderson
Supreme Court of Alabama
Appeal from Circuit Court, Morgan County; E. W. Godbey, Special Judge. Assumpsit by W. A. Weaver against R. L. Henderson. Judgment for defendant, and plaintiff' appeals. Transferred from Court of Appeals, under section 6, p. 449, Acts 1911. The action was on a negotiable promissory note executed by R. L. Henderson to the Hartselle Oil & Fertilizer Company, and transferred by said company to the plaintiff, Weaver.
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Appeal from Circuit Court, Morgan County; E. W. Godbey, Special Judge. Assumpsit by W. A. Weaver against R. L. Henderson. Judgment for defendant, and plaintiff' appeals. Transferred from Court of Appeals, under section 6, p. 449, Acts 1911. The action was on a negotiable promissory note executed by R. L. Henderson to the Hartselle Oil & Fertilizer Company, and transferred by said company to the plaintiff, Weaver. The defendant pleaded payment, fraud in the procurement of the note, and by sworn plea denied plaintiff’s ownership of the note. The plaintiff testified that he loaned the Hartselle…
1Opinion of the CourtSomerville, J.
[1] Under the Negotiable Instruments Law:
“The indorsement or assignment of the instrument by a corporation or by an infant passes the property therein, notwithstanding that from want of capacity the corporation or infant may incur no liability thereon.” Code, § 4979.
The plaintiff in this case sufficiently proved his title to the note, and his right to maintain a suit thereon, when he exhibited the note indorsed in blank by the payee corporation, by the act of its president, whose signature was duly proven, and showed that he was a purchaser in due course under the principles of the law…
2Cases cited7 opinions
- Merchants' National Bank v. Citizens' Gas Light Co.Massachusetts Supreme Judicial Court · 1893
- Mann v. Second National BankSupreme Court of Kansas · 1886
- Milwaukee Trust Co. v. Van ValkenburghWisconsin Supreme Court · 1907
- Iowa Nat. Bank v. ShermanSouth Dakota Supreme Court · 1903
- Union Iron Works Co. v. Union Naval Stores Co.Supreme Court of Alabama · 1908
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3Cited by4 opinions
- Callaway v. Hamilton Nat. Bank of WashingtonCourt of Appeals for the D.C. Circuit · 1952
- Commercial State Bank v. IversonSouth Dakota Supreme Court · 1926
- Lycoming Trust Co. v. AllenSuperior Court of Pennsylvania · 1931
- Norbert Trading Co. v. UnderwoodTennessee Supreme Court · 1952