Neill v. Central Nat. Bank
Supreme Court of Alabama
Appeal from Circuit Court, Morgan. County; R. C. Brickell, Judge. Assumpsit by the Central National Bank against J. F. Neill. Judgment for plaintiff, and defendant appeals.
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Appeal from Circuit Court, Morgan. County; R. C. Brickell, Judge. Assumpsit by the Central National Bank against J. F. Neill. Judgment for plaintiff, and defendant appeals. Transferred from Court of Appeals under Acts 1911, p. 449, § 6. The original complaint claimed the sum of $500 due by defendant to plaintiff, payable six months after date, to the order of defendant, and plaintiff avers that defendant duly indorsed said note, and that the same, with interest thereon, is now due and unpaid. The complaint was later amended by adding the averment: “The note sued on is the property of…
1Opinion of the CourtAnderson, C. J.
[1] Whether the complaint was or was not sufficient before amendment, the plaintiff amended same so as to meet any meritorious ground of the demurrer. Appellant’s counsel insist, however, in argument, that the count as amended does not state when the plaintiff became the owner, whether at the time of the amendment or the bringing of the suit. The amendment relates back to the original complaint, nothing to the contrary appearing. Moreover, no demurrer was Interposed to the complaint after the amendment.
[2] The trial court did not commit reversible error in sustaining the demurrer to the…
2Cases cited1 opinion
- Elmore County Bank v. AvantSupreme Court of Alabama · 1914
3Cited by3 opinions
- Futvoye v. ChuitesSupreme Court of Alabama · 1932
- Clayton v. Bank of East ChattanoogaSupreme Court of Alabama · 1920
- White v. Central Nat. BankSupreme Court of Alabama · 1918