Stone v. Goldberg
Alabama Court of Appeals
Appeal from Shelby County Court. Heard, before Hon. E. S. Lyman. Action by Goldberg & Lewis against J. D. Masters and J. H. Stone. Judgment for plaintiffs against defendant Stone, and he appeals.
Read the full summary
Appeal from Shelby County Court. Heard, before Hon. E. S. Lyman. Action by Goldberg & Lewis against J. D. Masters and J. H. Stone. Judgment for plaintiffs against defendant Stone, and he appeals. Plea 9 is as folknvs: “That the notes sued on were executed by one P. L. Bay, payable to Goldberg & Lewis, or order, and that the defendant signed said notes as surety, and defendant, relying upon that representation, and believing that said signatures on said notes were the bona fide signatures of said J. D. Masters, signed the same as surety as aforesaid; but defendant avers that said J. D. Masters…
1Per curiam
1. Under the provisions of section 4973 of the Code of 1907, the delivery of a negotiable instrument, as betiveen the parties and all others not bona fide holders, may be shown to have been made *253by the maker to its payee in escrow. — Bank of Cartersville v. Gunter, 4 Ala. App. 539, 58 South. 757.
As between the parties and all others not bona fide holders a negotiable promissory note occupies the same position, in a suit for its collection, as a promissory note which is not negotiable, and is subject to the same identical defenses. In fact, when the assignee of a negotiable promissory note…
2Cases cited10 opinions
- Craft v. RussellSupreme Court of Alabama · 1880
- Heirs of Wykoff v. MillerSupreme Court of Louisiana · 1895
- Guild v. ThomasSupreme Court of Alabama · 1875
- Hodges v. WinstonSupreme Court of Alabama · 1891
- White Sewing Machine Co. v. SaxonSupreme Court of Alabama · 1898
5 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Ex parte Goldberg & LewisSupreme Court of Alabama · 1914
- Barrett v. Odom, May and DeBuysSupreme Court of Alabama · 1984
- Davenport & Harris Undertaking Co. v. RobersonSupreme Court of Alabama · 1929
- Long v. ShaferMissouri Court of Appeals · 1914
- Bank of Tallassee v. JordanSupreme Court of Alabama · 1917
8 more not listed; retrieve them via the Exa API.