South v. First Nat. Bank
Alabama Court of Appeals
Appeal from Circuit Court, Fayette County ; Hanry B. Foster, Judge. Action by the First National Bank of Fayette against J. F. South. Judgment for plaintiff, and defendant appeals.
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Appeal from Circuit Court, Fayette County ; Hanry B. Foster, Judge. Action by the First National Bank of Fayette against J. F. South. Judgment for plaintiff, and defendant appeals. Where the note contains conditions, it cannot be enforced until the conditions have been complied with. 106 Ala. 561, 17 South. 534; 144 Ala. 166, 39 South. 898; 194 Ala. 672, 69 South. 894. It is always permissible to show by parol evidence what the consideration was, or whether it had failed. 68 South. 261; 148 Ala. 313, 42 South. 443; 118 Ala. 36¡9, 24 South. 405; 110 Ala. 106, 20 South. 27; 66 Ala. 532. The…
1Opinion of the Court
This was a suit on a note given as a donation or subscription for the building of a certain highway, the amount being $150, and there being a recital in the note "for donation on state highway road leading from Fayette to Bluff to Guin, Alabama. Value received. But if fail to get said road, this note is null and void."
As well as we can gather from the pleading, the case was submitted on counts A and B as amended, which set out the note in hæc verba, and on pleas 1 and 2, being the general issue; 3 and 4, no consideration; and plea 9, which set up the execution and delivery of the note upon…
2Cases cited9 opinions
- Estate of Beatty v. Western College of ToledoIllinois Supreme Court · 1898
- Pratt v. Trustees of Baptist SocietyIllinois Supreme Court · 1879
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- Beach v. First Methodist Episcopal ChurchIllinois Supreme Court · 1880
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3Cited by7 opinions
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