O'Rear v. American Trust & Savings Bank
Supreme Court of Alabama
Appeal from Walker Circuit Court. Heard before Hon. J. J. Curtis. Assumpsit by the American Trust & Savings Bank against Caine O’Rear. From a judgment for plaintiff, defendant appeals. The note was made by Caine O’Rear to one W. E. Thomas, and is alleged in the plea to have been given for 20 shares of the capital stock of the Standard Coal Company.
Read the full summary
Appeal from Walker Circuit Court. Heard before Hon. J. J. Curtis. Assumpsit by the American Trust & Savings Bank against Caine O’Rear. From a judgment for plaintiff, defendant appeals. The note was made by Caine O’Rear to one W. E. Thomas, and is alleged in the plea to have been given for 20 shares of the capital stock of the Standard Coal Company. The pleas further allege fraud, misrepresentation, and failure of consideration, going into details as to the fraud and misrepresentations complained of.
1Opinion of the CourtSayre, J.
Suit by appellee as indorsee of a negotiable promissory note against the maker.(1) The name of the payee was indorsed on the note, and, neither its execution nor assignment to plaintiff being denied by sworn plea (Code, § 5332), or at all for that matter, it was properly admitted in evidence without other or further proof that it had been executed and assigned to plaintiff.
(2, 3) The note in suit was executed May 4, 1912, and made payable January 1, 1914. The defense was that it had been obtained by the fraud of the payee, and that plaintiff, not being a holder in due course, was charged with…
2Cited by2 opinions
- Capitol Hill State Bank v. Rawlins National BankWyoming Supreme Court · 1916
- Kaladner v. First Nat. Bank of BirminghamAlabama Court of Appeals · 1919