Montgomery & Eufaula R. R. v. Trebles
Supreme Court of Alabama
Appeal from City Court of Montgomery. Tried before Hon. Thomas M. Arrington. The complaint in this case is as follows: “ The plaintiff claims of the defendant five thousand dollars, due on a bill of exchange which was drawn by J. W. Echols, dated Montgomery, Ala., January 11th, 1860, and payable on the first day of January, A. D. 1861, for the sum of five thous- and dollars, to the order of the president and directors of the Montgomery & Eufaula R. R. Co., which said…
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Appeal from City Court of Montgomery. Tried before Hon. Thomas M. Arrington. The complaint in this case is as follows: “ The plaintiff claims of the defendant five thousand dollars, due on a bill of exchange which was drawn by J. W. Echols, dated Montgomery, Ala., January 11th, 1860, and payable on the first day of January, A. D. 1861, for the sum of five thous- and dollars, to the order of the president and directors of the Montgomery & Eufaula R. R. Co., which said company, by its then president, Arnold Seale, endorsed said bill after maturity thereof to the plaintiff, and after the same…
1Opinion of the CourtB. F. Saffold, J.
The bill of exceptions does not state that the appellant excepted to the overruling of his demurrer to the complaint because there were no averments of Seale’s authority to indorse for the company, and of the place where payment was demanded after the reissue. As these objections are argued by both parties, we will decide them.
The strongest authority cited by the appellant in support of his first ground of demurrer is found in the case of May v. Kelly & Frazier, 27 Ala. 497. There the averment was, that the captain of the steamboat accepted for the owners, and the court held that in declaring…
2Cases cited10 opinions
- Ala. Coal Mining Co. v. BrainardSupreme Court of Alabama · 1860
- Martin v. DortchSupreme Court of Alabama · 1828
- McWhorter v. LewisSupreme Court of Alabama · 1842
- Hullum v. State BankSupreme Court of Alabama · 1851
- Roney's Adm'r v. WinterSupreme Court of Alabama · 1861
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3Cited by2 opinions
- Mobile & Montgomery Railway Co. v. GilmerSupreme Court of Alabama · 1888
- International Harvester Co. v. GladneySupreme Court of Alabama · 1908