Lynn v. Kelly
Supreme Court of Alabama
Appeal from Circuit Court, Winston Coum ty; T. L. Sowell, Judge. Assumpsit by J. A. Kelly against John Lynn, Jr., and L. M. Norris. .Judgment for plaintiff, .and defendants appeal.
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Appeal from Circuit Court, Winston Coum ty; T. L. Sowell, Judge. Assumpsit by J. A. Kelly against John Lynn, Jr., and L. M. Norris. .Judgment for plaintiff, .and defendants appeal. Transferred from Court of Appeals under Agís 1911, p. 450, § 6. The court erred in admitting the contents of the note. 86 Ala. 94, 5 South. 780. There was no evidence to sustain the charge of the court that plaintiff would be entitled to sue on the note,' if its transfer was obtained from him by misrepresentation or fraud. 11 Ala. App. 670; 66 Ala. 954; 192 Ala. 396, 68 South. 298. No brief reached the reporter.
1Opinion of the CourtGardner, J.
Suit by appellee against appellants upon a promissory note. Plaintiff was the only material witness in the cause. The note was not produced, but an attempt was made to offer secondary evidence as to its contents upon showing its loss. The plaintiff testified, however, that he was due the Cedar Hill Nursery Company the sum of $55, and that he paid part the account in cash and the balance by the note in question, which he gave to one Parker, agent of said company, and that he indorsed the note to the Cedar Hill Nursery Company. He further testified that he went to the place of business of the…
2Cases cited8 opinions
- Potts v. ColemanSupreme Court of Alabama · 1888
- Brotherton v. StreetIndiana Supreme Court · 1890
- Southern Bank v. Mechanics Savings BankSupreme Court of Georgia · 1859
- Smith v. NelsonSupreme Court of South Carolina · 1909
- Wolfboro Loan & Banking Co. v. RollinsMassachusetts Supreme Judicial Court · 1907
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3Cited by2 opinions
- Wiggins v. Stapleton Baptist ChurchSupreme Court of Alabama · 1968
- Gulf, M. & N. R. Co. v. FowlerAlabama Court of Appeals · 1922