Oxford Iron Co. v. Spradley
Supreme Court of Alabama
Appeal from Circuit Court of Calhoun. Tried before Hon. Wi. L. Whitlock. This was an action commenced by appellee against the appellant on promissory note, a copy of which is as follows : “$1540.00. Oxford Iron Works, April 7th, 1863. “On demand we promise to pay to M. D. C. Spradley, or order, one thousand five hundred and forty dollars, for value received, with interest at the rate of eight per cent, per annum. “Oxford Iron Company, “ Per Richard L. Campbell, President.”
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Appeal from Circuit Court of Calhoun. Tried before Hon. Wi. L. Whitlock. This was an action commenced by appellee against the appellant on promissory note, a copy of which is as follows : “$1540.00. Oxford Iron Works, April 7th, 1863. “On demand we promise to pay to M. D. C. Spradley, or order, one thousand five hundred and forty dollars, for value received, with interest at the rate of eight per cent, per annum. “Oxford Iron Company, “ Per Richard L. Campbell, President.” The complaint is in the form given in the Revised Code for “ action on promissory note by payee against maker,” and…
1Opinion of the CourtPeck, C. J.
1. Under the pleadings in this case, the note, or copy of which is given in the bill of exceptions, was properly admitted in evidence, without proof of its execution. The suit is against the defendant as a corporation, and the complaint states that the note was made by the defendant. It is signed thus:
“ Oxford Iron Company,
Per Richard L. Campell, Pres’t.”
It purports to be the note of the corporation defendant, made by its agent, the president of the company, and is *105the foundation of the suit. There was, therefore, no error in permitting it to be read to the jury without proof of its…
2Cases cited3 opinions
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