First National Bank v. Hall
Supreme Court of Alabama
Appear from Lauderdale Circuit Court. Tried before Hon. Thomas R. Rotjrhac. The averments' of defendant’s special plea, No. 3, áre sufficiently shown by the opinion. Plaintiff’s replication to this plea, set forth, among others, the following grounds: (4.) “That at the time of the maturity of said note on said 22d day of June, 1891, said Florence National Bank was insolvent, and not authorized to make said collection in the manner alleged.
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Appear from Lauderdale Circuit Court. Tried before Hon. Thomas R. Rotjrhac. The averments' of defendant’s special plea, No. 3, áre sufficiently shown by the opinion. Plaintiff’s replication to this plea, set forth, among others, the following grounds: (4.) “That at the time of the maturity of said note on said 22d day of June, 1891, said Florence National Bank was insolvent, and not authorized to make said collection in the manner alleged. (8.) That at and prior to the alleged payment of the note sued on, as alleged in said plea, the Florence National Bank, of Florence, Alabama, was a…
1Opinion of the CourtColeman, J.
— The appellant, plaintiff in the court below, sued John W. Hall and H. P. Wisdom upon their commercial promissory note, payable at the Florence National Bank, Florence, Alabama, received by plaintiff in due course of trade for a valuable consideration before maturity, and without notice of any defense. The case was tried by the court without a jury, upon defendants’ special pleas of payment numbered two and three, and rendered judgment for the plaintiff. There was a demurrer to each of these pleas, which was overruled by the court, and then replication by plaintiff, to which replication the…
Also in this document: Dissent.
2Cases cited2 opinions
- National Security Bank v. ButlerSupreme Court of the United States · 1889
- Jones v. WhiteSupreme Court of Alabama · 1895
3Cited by10 opinions
- Smith v. PittsSupreme Court of Alabama · 1910
- Gaunt v. Alabama Bound Oil & Gas Co.Court of Appeals for the Eighth Circuit · 1922
- Sawyer v. National Shawmut BankMassachusetts Supreme Judicial Court · 1940
- York v. StateSupreme Court of Alabama · 1908
- Ex parte ThaggardAlabama Court of Appeals · 1963
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