Stouffer v. Smith-Davis Hardware Co.
Supreme Court of Alabama
Appeal from Bessemer City Court. Heard before Hon. William Jackson. Action by J. C. Stouffer against the Smith-Davis Hardware Company on a note. Prom a judgment for defendant, plaintiff appeals. The complaint shows: That two drafts were drawn by the Lyon-Taylor Company upon thja Smith-Davis Hardware Company on November 25, 1904, and that across the face of each draft or bill of exchange was indorsed the words: “Accepted.
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Appeal from Bessemer City Court. Heard before Hon. William Jackson. Action by J. C. Stouffer against the Smith-Davis Hardware Company on a note. Prom a judgment for defendant, plaintiff appeals. The complaint shows: That two drafts were drawn by the Lyon-Taylor Company upon thja Smith-Davis Hardware Company on November 25, 1904, and that across the face of each draft or bill of exchange was indorsed the words: “Accepted. Smith-Davis Hardware Company, W. K. Smith, Jr., President.” That the drafts Avere each for the sum of $37.50, payable to the order of the Lyon-Taylor Company, at Iowa City,…
1Opinion of the CourtDowdell, J.
The instruments sued on and described in the complaint, being commercial paper, are governed by the law merchant. The plaintiff sues as transferee. The defendant is a private business corporation, chartered to engage in and carry on a hardware business. The defendant filed two pleas to the complaint. By the first plea the defense of ultra vires the particular contract out of which the instruments sued on arose is sought to be made. The instruments do not show on their face for what they were given. It is not denied that the defendant corporation has power under its charter to issue commercial…
2Cases cited1 opinion
- Florence Railroad & Improvement v. Chase National BankSupreme Court of Alabama · 1894
3Cited by4 opinions
- Hillcrest Land Co. v. FosheeSupreme Court of Alabama · 1914
- Weaver v. HendersonSupreme Court of Alabama · 1921
- Patton v. TidwellSupreme Court of Alabama · 1921
- Patton v. TidwellAlabama Court of Appeals · 1920