First National Bank v. Chaffin
Supreme Court of Alabama
Appeal from the City Court of Talladega. Tried before the Hon. John W. Bishop. This suit was brought by the appellant, the First National Bank of Talladega, against the appellees, John W. Chaffin and Mrs. M. E. Chaffin; and counted upon three notes under seal, two for one hundred dollars each, and one for fifty dollars. These notes were made by the defendants and were payable to Warren F. Smith, by whom the plaintiff alleges they had been transferred to it.
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Appeal from the City Court of Talladega. Tried before the Hon. John W. Bishop. This suit was brought by the appellant, the First National Bank of Talladega, against the appellees, John W. Chaffin and Mrs. M. E. Chaffin; and counted upon three notes under seal, two for one hundred dollars each, and one for fifty dollars. These notes were made by the defendants and were payable to Warren F. Smith, by whom the plaintiff alleges they had been transferred to it. The pleas and replications are sufficiently stated in the opinion. To the second replication defendants demurred, assigning several…
1Opinion of the CourtMcCLELLAN, J.
This action is prosecuted by the appellant bank against John W. and M. A. Chaffin for the recovery of money which defendants by writing under seal had promised to pay W..F. Smith, the transferror of plaintiff. Defendants pleaded: (1) payment; (2) payment to Smith without notice that the obligations had been by him assigned to plaintiff; (3) payment to Smith shortly after maturity, and that the bonds Avere then surrendered to them by Smith; and (4) payment to Smith Avho had the obligations for collection as agent of the bank, and who upon such payment surrendered the same to defendants.…
2Cases cited13 opinions
- Woodrow v. HawvingSupreme Court of Alabama · 1894
- Kirksey v. KirkseySupreme Court of Alabama · 1868
- Dismukes & Patrick v. Tolson & BarrettSupreme Court of Alabama · 1880
- Bayonne Knife Co. v. UmbenHauerSupreme Court of Alabama · 1894
- Dolan v. DolanSupreme Court of Alabama · 1889
8 more not listed; retrieve them via the Exa API.
3Cited by40 opinions
- Black v. PateSupreme Court of Alabama · 1900
- Brandon v. Progress Distilling Co.Supreme Court of Alabama · 1910
- Little v. People's BankSupreme Court of Alabama · 1923
- Denson v. Kirkpatrick Drilling Co.Supreme Court of Alabama · 1932
- Springer v. SullivanSupreme Court of Alabama · 1928
35 more not listed; retrieve them via the Exa API.