Terry v. Birmingham National Bank
Supreme Court of Alabama
Action on Promissory Note, ly Payee against Malcer. Appeal from the Circuit Court of Jefferson. Tried before the Hon. James B. Head.
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Action on Promissory Note, ly Payee against Malcer. Appeal from the Circuit Court of Jefferson. Tried before the Hon. James B. Head. This action was brought by the Birmingham National Bank against R. J. Terry, and was founded on the defendant’s promissory note for $4,179.57, which was dated May 4th, 1888,.and payable on the 25th June, 1888, at the plaintiff bank, “to the order of H. C. Ansley, cashier,” he being the cashier of said bank at that time; on which noté were indorsed the following-credits : July 30th, 1889, $10; August 1st, 1888, $96.74; December 10th, 1888, $2,225 ; November 13th,…
1Opinion of the CourtColeman, J.
— The assignments of error present no question which brings before us for consideration any ruling of the court .upon the pleadings. The contention that the note sued upon was without consideration, or that it was given with the privilege to cancel the same within ninety days, is without merit. The proof shows that the Edison Electric Illuminating Company received from the bank the money for which the note was given, and in consideration thereof fifty shares of its stock was issued in the name of the defendant, E. J. Terry, and numbered 26' and 27, each for 25 shares. The first note was made…
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