Darby v. Berney National Bank
Supreme Court of Alabama
Appeal from City Court of Birmingham. Tried before Hon. H. A. Sharpe. Action by the Berney National Bank against S. J. Darby, on a promissory note. Erom a judgment for plaintiff, defendant appeals. The defendant pleaded six pleas. The first was the general issue; the second, third, and fifth were in the following language : (2) “Eor further answer to said complaint, defendant pleads want of consideration.”
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Appeal from City Court of Birmingham. Tried before Hon. H. A. Sharpe. Action by the Berney National Bank against S. J. Darby, on a promissory note. Erom a judgment for plaintiff, defendant appeals. The defendant pleaded six pleas. The first was the general issue; the second, third, and fifth were in the following language : (2) “Eor further answer to said complaint, defendant pleads want of consideration.” (3) “Eor further answer to said complaint, defendant says that long before June 28th, 1888, one J. C. Westbrook became indebted to plaintiff by note in the sum of two thousand dollars, and…
1Opinion of the CourtMoCLELLAN, J.
— Action by Berney National Bank, on promissory note executed by S. J. Darby, the defendant, and one Westbrook, who is not sued. The complaint alleges that said note was “payable.....to the plaintiff by the name and style of J. B. Cobbs, Cashier, and that the said J. B. Cobbs was at the time of making said note cashier of the plaintiff bank, and that the plaintiff was intended to be designated as payee by the use of the words ‘3. B. Cobbs, Cashier.” There was no indorsementof the paper by Cobbs ; and the point is taken by demurrer that the complaint shows the legal title to the note to be in…
2Cases cited5 opinions
- Carmelich v. MimsSupreme Court of Alabama · 1889
- Evans v. EvansSupreme Court of Alabama · 1849
- Savage's Adm'r v. CarletonSupreme Court of Alabama · 1859
- Alston v. HeartmanSupreme Court of Alabama · 1841
- Hazard v. Planters' & Merchants' BankSupreme Court of Alabama · 1842
3Cited by8 opinions
- Palmer v. NoeSupreme Court of Oklahoma · 1915
- Welles v. Colorado National Life Assurance Co.Supreme Court of Colorado · 1910
- Kolsky v. EnslenSupreme Court of Alabama · 1893
- Donnerberg v. OppenheimerWashington Supreme Court · 1896
- Baker v. Gaines Bros. Co.Supreme Court of Oklahoma · 1917
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