Rudulph v. Brewer
Supreme Court of Alabama
Appeal from tbe Circuit Court of Lowncles. Tried before tbe Hon. JOHN Moobe. This action was brought by Willis Brewer against Z. T. Rudolph, B. T. McWhorter and J. L. Holmes, was commenced on March 28,1890, and was founded on a promissory note alleged to have been made by the defendants, and by the payees indorsed, for value, and before maturity, to the plaintiff.
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Appeal from tbe Circuit Court of Lowncles. Tried before tbe Hon. JOHN Moobe. This action was brought by Willis Brewer against Z. T. Rudolph, B. T. McWhorter and J. L. Holmes, was commenced on March 28,1890, and was founded on a promissory note alleged to have been made by the defendants, and by the payees indorsed, for value, and before maturity, to the plaintiff. The complaint alleged that “said J. L. Holmes’ office was at the time of making said pote, has ever since been, and is now located in the town of Hayneville, in Lowndes county, Alabama.” The note sued on is set out in the opinion.…
1Opinion of the CourtColeman, J.
The only error assigned in regard to the ruling of the court upon the pleadings is that the “court erred in overruling defendant’s demurrer to plaintiffs’ replication number 8.” The other errors assigned, are those which go to the admission and exclusion of evidence, and to the charges given. We will confine ourselves to the consideration of those questions presented by the assignment of errors.
The determination of nearly all of those questions depends upon the construction to be given to the instrument sued upon. If governed by the commercial law, the ruling of the court was free from error.…
2Cases cited11 opinions
- Kimbrell v. RogersSupreme Court of Alabama · 1890
- Montgomery v. CrossthwaitSupreme Court of Alabama · 1890
- Anderson v. Bellenger & RallsSupreme Court of Alabama · 1888
- Bedell v. New England Mortgage Security Co.Supreme Court of Alabama · 1890
- McGehee v. Lehman, Durr &Co.Supreme Court of Alabama · 1880
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3Cited by14 opinions
- Wilson v. AlstonSupreme Court of Alabama · 1898
- Bowling v. Mobile & Montgomery Railway Co.Supreme Court of Alabama · 1900
- Leader v. MattinglySupreme Court of Alabama · 1903
- Bank of Carrollton, Miss. v. LattingSupreme Court of Oklahoma · 1913
- McKissack v. Witz, Biedler Co.Supreme Court of Alabama · 1898
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