Prim & Kimbell v. Hammel
Supreme Court of Alabama
Appeal from the Circuit Court of Clarke. Tried before the Hon. John C. Anderson. Action by L. Hammell, as transferee and assignee of a certain note executed by Prim & Kimbell to B. F. Fitzpatrick & Co., and endorsed and delivered by them to plaintiff for value before maturity. The opinion shows all material facts.
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Appeal from the Circuit Court of Clarke. Tried before the Hon. John C. Anderson. Action by L. Hammell, as transferee and assignee of a certain note executed by Prim & Kimbell to B. F. Fitzpatrick & Co., and endorsed and delivered by them to plaintiff for value before maturity. The opinion shows all material facts. From a judgment in favor of plain-' tiff the defendants appeal. cited Winter & Loéb v. Poole, 100 Ala. 503; Montgomery v. Crosthwait, 90 Ala. 533; Anderson v. Bellinger & Ralls, 87 Ala. 334; Broten v. Johnson, 127 Ala. 292; 1 Daniell on Neg. Ins,t (3d ed.), p. 96, § 86; First Nat.…
1Opinion of the CourtDowdell, J.
The instrument sued on was drawn up by the payee, Fitzpatrick & Co., leaving a blaink to be filled in by the makers with the amount, but with marginal figures of “$1,500,” and in this form was sent to the defendants, Prim & Kimbell, for execution, and it was by them signed and returned to Fitzpatrick & Co., without writing any amount in the body, but leaving tbe blank to be filled in by tbe payee.' Fitzpatrick & Co. filled in tbe blank by writing “one thousand dollars,” and changed tbe marginal figures from $1,500 to $1,000 to correspond with the writing in the body of tbe paper. Fitzpatrick…
2Cases cited8 opinions
- Spira v. Hornthall, Whitehead, Weissman & Co.Supreme Court of Alabama · 1884
- Connerly & Co. v. Planter's & Merchants' InsuranceSupreme Court of Alabama · 1880
- Brown v. Johnson Bros.Supreme Court of Alabama · 1899
- Louisville Banking Co. v. GraySupreme Court of Alabama · 1898
- Winter v. PoolSupreme Court of Alabama · 1894
3 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Kimball v. CostaSupreme Court of Vermont · 1904
- Townsend Trust Co. v. ReynoldsSuperior Court of Delaware · 1933
- Citizens Bank of Georgetown v. JonesWashington Supreme Court · 1923
- Oneonta Trust & Banking Co. v. BoxAlabama Court of Appeals · 1916
- Stewart v. Bibb County Banking & Trust Co.Supreme Court of Alabama · 1912
1 more not listed; retrieve them via the Exa API.