Brown v. Bamberger, Bloom & Co.
Supreme Court of Alabama
Appjsal from the City Court of Decatur. Tried before the Hon. William H. Simpson. This was an action brought by the appellees against Oden & Brown, and - counted upon promissory notes. The facts as to the filing of the pleas, and the pleadings themselves, are sufficiently stated in the opinion.
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Appjsal from the City Court of Decatur. Tried before the Hon. William H. Simpson. This was an action brought by the appellees against Oden & Brown, and - counted upon promissory notes. The facts as to the filing of the pleas, and the pleadings themselves, are sufficiently stated in the opinion. When the cause was called on the 14th of June, 1893, the defendant Walter S. Brown, before going into trial moved the court to quash the service of summons and complaint, so far as it related to him, on the grounds, that no summons and complaint had been served upon him ; that no such firm was in…
1Opinion of the CourtMc'.CLELLAN, J.
This is an action by Bamberger, Bloom & Co. against “ Edward J. Oden and Walter S. Brown, late partners under the firm name of Oden & Brown,” on three promissory notes alleged to have been made by the defendants on August 21st, 1890, each for $186.35, payable severally 30, 60 and 90 days after date, and the complaint avers that all said notes bore interest at the rate of 8 per cent per annum from the date of their execution. It is also alleged that each of said notes cont ain a stipulation to pay a reasonable attorney’s fee for collection thereof if not paid at maturity, and that such fee is…
2Cases cited5 opinions
- Manning v. GasharieIndiana Supreme Court · 1866
- Smith v. . TracyNew York Court of Appeals · 1867
- Herring, Farrell & Sherman v. SkaggsSupreme Court of Alabama · 1882
- Billings v. MorrowCalifornia Supreme Court · 1857
- Bott v. McCoySupreme Court of Alabama · 1852
3Cited by23 opinions
- First National Bank v. CheneySupreme Court of Alabama · 1897
- Gulf Refining Co. v. TravisMississippi Supreme Court · 1947
- Norton v. HallSupreme Court of Arkansas · 1921
- Pennsylvania Casualty Co. v. PerdueSupreme Court of Alabama · 1910
- Smith v. ClemmonsSupreme Court of Alabama · 1927
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