Legal Opinion

Nelson v. Darley

Supreme Court of Alabama

Decided December 21, 1939No. 3 Div. 290Published

1Opinion

On Rehearing.

BROWN, Justice.

The substance of what we hold in the foregoing opinion is that business corporations were unknown to the common law, and are of statutory origin. Therefore there is no reason to indulge the presumption that the common law prevails in the States of Illinois and Delaware; the law of-those states not being presented by appropriate pleadings and proof, the courts must apply our law, the law of the forum in disposing of the case. The authorities cited in the foregoing' opinion sustain that proposition.

We also stated that: “The question of innocent holders in due course,…

2Cases cited5 opinions

  1. Moore v. ClaySupreme Court of Alabama · 1845
  2. Ala. Nat. Bank v. Parker & Co.Supreme Court of Alabama · 1906
  3. Hanover National Bank v. JohnsonSupreme Court of Alabama · 1890
  4. Ala. Nat. Bank v. C. C. Parker & Co.Supreme Court of Alabama · 1907
  5. White v. Central Nat. BankSupreme Court of Alabama · 1918

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