Ragsdale v. Gresham
Supreme Court of Alabama
Appeal from tbe City Court of Bessemer. Tried before tbe Hon. B. C. Jones. Tbe action in this case was brought by tbe appellant, M. C. Ragsdale against tbe appellee, H. K. Gresham. There were six counts in tbe complaint, tbe first five being common counts for money bad and received, etc. These require no notice, as none of the questions raised relate to them.
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Appeal from tbe City Court of Bessemer. Tried before tbe Hon. B. C. Jones. Tbe action in this case was brought by tbe appellant, M. C. Ragsdale against tbe appellee, H. K. Gresham. There were six counts in tbe complaint, tbe first five being common counts for money bad and received, etc. These require no notice, as none of the questions raised relate to them. Tbe sixth count, filed tbe 12th of March, 1903, was as follows: “And plaintiff further claims of defendant tbe sum of Fifty-eight and 95-100 dollars, due on an order issued by J. M. Anderson on the 19th of September, 1902, as follows:…
1Opinion of the CourtHaralson, J.
It is perhaps unnecessary, for the purposes in hand, to determine the exact character of the order sued on, whether it is negotiable paper or not,' since it remained in the hands of the payee, and the question of a bona fide purchaser for1 value does not arise, and since the obligation or liability of the acceptor is the same, whether negotiable or not. — Battle v. Weems, 44 Ala. 105.
The effect of the acceptance of the order was, to constitute the acceptor the principal debtor. By the act of acceptance he assumed to pay the order or bill, and became the principal debtor, for the amount…
2Cases cited10 opinions
- Raborg v. PeytonSupreme Court of the United States · 1817
- Barker v. PrentissMassachusetts Supreme Judicial Court · 1810
- Coleman & Carroll v. Hatcher & BrannonSupreme Court of Alabama · 1884
- Giles v. WilliamsSupreme Court of Alabama · 1842
- Kolsky v. EnslenSupreme Court of Alabama · 1893
5 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Armstrong v. WalkerSupreme Court of Alabama · 1917
- First Nat. Bank of Montgomery v. Town of LuverneSupreme Court of Alabama · 1938
- Clikas v. SteeleSupreme Court of Alabama · 1971
- Cochran v. Burdick Bros.Alabama Court of Appeals · 1912
- Clayton Townsite Co. v. Clayton Drug Co.New Mexico Supreme Court · 1915
1 more not listed; retrieve them via the Exa API.