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
On Rehearing.
[3] Whatever the note sued on may have been called in the complaint, the setting out of the note in hsec verba showed what it was, and the case of Cairns v. Daniel, 16 Ala. App. 218, 77 South. 56, does not, in our opinion, sustain appellant’s contention. In that case the note was not set out in the complaint. The introduction of the note in evidence did support the complaint.
The application for rehearing is overruled.
Application overruled.
2Cases cited1 opinion
- Cairns v. DanielAlabama Court of Appeals · 1917