King v. Peoples Bank
Supreme Court of Alabama
Appeal from the Circuit Court of Marengo. Tried before the Hon. J. C. KiChaiidson. • This was an action brought by the appellee against the appellant, John J. King; and counted upon a promissory note. The note sued on was executed by the defendant to one YY. C. Carroll m payment of a horse purchased by said King from Carroll.
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Appeal from the Circuit Court of Marengo. Tried before the Hon. J. C. KiChaiidson. • This was an action brought by the appellee against the appellant, John J. King; and counted upon a promissory note. The note sued on was executed by the defendant to one YY. C. Carroll m payment of a horse purchased by said King from Carroll. The cause was tried upon issue joined upon the plea of the general issue and the following special plea: 5. “Comes the defendant and for answer to plaintiff’s complaint says that the note upon which this suit is brought has wholly failed as to the consideration paid for…
1Opinion of the CourtHaralson, J.
The note sued on was for $500, dated the 30th December, 1897, and was payable at the plaintiff bank to W. C. Carroll, on the first day of July afterAvards, and bore interest' from date. The' plaintiff bank purchased the same from the payee, Carroll, who transferred it by his indorsement' to plaintiff, on the 14th January, 1898, at which date about $1.66 interest, had run on it, paying for it $500. The case was 'tried by agreement of counsel, on the general issues and plea numbered 5, which set up failure of consideration *269and that the plaintiff was a banker, and in- the regular course of its…
2Cases cited6 opinions
- Bienville Water Supply Co. v. City of MobileSupreme Court of Alabama · 1899
- Capital City Insurance v. QuinnSupreme Court of Alabama · 1883
- Scott v. TaulSupreme Court of Alabama · 1896
- Hart v. AdlerSupreme Court of Alabama · 1895
- Holmes v. Bank of Fort GainesSupreme Court of Alabama · 1898
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
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- Spires v. JonesSupreme Court of Alabama · 1924
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