Choctaw Bank v. Gewin
Alabama Court of Appeals
Appeal from Circuit Court, Choctaw County; Ben D. Turner, Judge. Assumpsit by W. P. Gewin against the Choctaw Bank. Judgment for plaintiff, and defendant appeals. Plaintiff claims under a promissory note niade by M. L. and C. P. Mitchell, payable to the Choctaw Bank, and indorsed for value received to plaintiff.
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Appeal from Circuit Court, Choctaw County; Ben D. Turner, Judge. Assumpsit by W. P. Gewin against the Choctaw Bank. Judgment for plaintiff, and defendant appeals. Plaintiff claims under a promissory note niade by M. L. and C. P. Mitchell, payable to the Choctaw Bank, and indorsed for value received to plaintiff. It appears from the complaint that the note is due and payable January 15, 1911, and was indorsed to plaintiff by defendant on February 14, 1911. The further history of the transaction appears from the opinion. The charge referred to as refused to defendant is as follows: (6) I charge…
1Opinion of the CourtBrown, P. J.
[1] The bill of exceptions does not} purport to set out all the evidence, in fact, none of the documentary evidence offered appears in the bill of exceptions, not even the note and indorsement upon which the plaintiff recovered. Therefore the refusal of the affirmative charge by the trial court will not be reviewed. Murphree v. Farmers’ Savings Bank, 77 South. 934 ; Alice Brldgeforth v. State, 77 South. 77 ; Alabama Terminal Railroad Co. v. Benns, 189 Ala. 590, 66 South. 589; Warble v. Sulzberger, 185 Ala. 603, 64 South. 361; Southern Ry. Co. v. Kendall & Co., 14 Ala. App. 242, 69 South. 328;…
2Cases cited11 opinions
- Warble v. Sulzberger Co. of AmericaSupreme Court of Alabama · 1914
- Alabama Terminal R. R. v. BennsSupreme Court of Alabama · 1914
- Davenport v. StoneMichigan Supreme Court · 1895
- Smith v. LawsonWest Virginia Supreme Court · 1881
- Southern Railway Co. v. Kendall & Co.Alabama Court of Appeals · 1915
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3Cited by1 opinion
- Geneva National Bank v. O'BrienNew York Supreme Court · 1923