Sample v. Tennessee Valley Bank
Supreme Court of Alabama
Appeal from Circuit Court, Morgan County ; R. C. Brickell, Judge. Assumpsit by the Tennessee Valley Bank against John R. Sample. Judgment for plaintiff, and defendant appeals. Transferred from the Court of Appeals under section 6, Acts 1911, p. 449. The suit was on a promissory note executed by defendant, and payable to the Pep' to Lac Company, and, it is alleged, “which note was duly indorsed by said Pep to Lac Company, and is the property of the plaintiff.”
Read the full summary
Appeal from Circuit Court, Morgan County ; R. C. Brickell, Judge. Assumpsit by the Tennessee Valley Bank against John R. Sample. Judgment for plaintiff, and defendant appeals. Transferred from the Court of Appeals under section 6, Acts 1911, p. 449. The suit was on a promissory note executed by defendant, and payable to the Pep' to Lac Company, and, it is alleged, “which note was duly indorsed by said Pep to Lac Company, and is the property of the plaintiff.” Demurrers were overruled to the complaint, and defendant pleaded the general issue, want of and failure of consideration, and fraud in…
1Opinion of the CourtSomerville, J.
[1] A declaration on a promissory note by a transferee is sufficient if it simply avers that the note is the property of the plaintiff. Clark v. Moses, 50 Ala. 326; Morris v. Poillon, 50 Ala. 403; 8 Cyc., 123(b). The complaint was not subject to the demurrer.
[2-4] The defendant’s pleas of failure of consideration and fraud in the procurement of the note were fully supported by the evidence, and the burden devolved upon plaintiff to establish its replication that it was a bona fide purchaser for value in due course. This it did by evidence which was undisputed, and from which no adverse…
2Cases cited3 opinions
- Craig & Co. v. Pierson L. Co.Supreme Court of Alabama · 1913
- Clark v. MosesSupreme Court of Alabama · 1874
- Morris & Blair v. PoillonSupreme Court of Alabama · 1874
3Cited by9 opinions
- Futvoye v. ChuitesSupreme Court of Alabama · 1932
- Crisp v. First Nat. Bank of BirminghamSupreme Court of Alabama · 1932
- Spires v. JonesSupreme Court of Alabama · 1924
- Chitwood v. BlackwoodSupreme Court of Alabama · 1929
- Clayton v. Bank of East ChattanoogaSupreme Court of Alabama · 1920
4 more not listed; retrieve them via the Exa API.