Strand Amusement Co. v. Fox
Supreme Court of Alabama
Appeal from Circuit Court, Montgomery County; Leon McCord, Judge. Assumpsit by George W. Fox against the Strand Amusement Company. Judgment for the plaintiff, and defendant appeals. Transferred from Court of Appeals under Acts 1911, p. 449, § -6. The action is on two promissory notes executed by the defendant company and made payable to the order of Orchestra, Sales & Supply Company, and indorsed by the payee to the plaintiff.
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Appeal from Circuit Court, Montgomery County; Leon McCord, Judge. Assumpsit by George W. Fox against the Strand Amusement Company. Judgment for the plaintiff, and defendant appeals. Transferred from Court of Appeals under Acts 1911, p. 449, § -6. The action is on two promissory notes executed by the defendant company and made payable to the order of Orchestra, Sales & Supply Company, and indorsed by the payee to the plaintiff. Just under the sum specified is the usual phrase “value received, with interest,” etc., and then follows the usual clause “waiving exemptions, agreeing to pay cost of…
1Opinion of the CourtSomerville, J.
The single question presented by the record is whether or not the negotiable character of the notes .sued on is destroyed by the words “as per contract,” which are written on the face of the notes.
The Negotiable Instruments Law (Code, § 4960) provides that—
“An unqualified order or promise to pay is unconditional, * * * though coupled with: * * * (2) A statement of the transaction which gives rise to the instrument.”
This is merely declaratory of the old law merchant (8 Corp. Jur. 120, § 213; People’s Bank v. Moore, 201 Ala. 411, 78 South. 789), and—
“It may be stated as the general rule that…
2Cases cited11 opinions
- Chicago Trust & Savings Bank v. Chicago Title & Trust Co.Illinois Supreme Court · 1901
- National Bank of Newbury v. WentworthMassachusetts Supreme Judicial Court · 1914
- Continental Bank & Trust Co. v. Times Pub. Co.Supreme Court of Louisiana · 1917
- Miller v. OttawayMichigan Supreme Court · 1890
- Doyle v. ConsidineAppellate Court of Illinois · 1915
6 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- Continental Guaranty Corp. v. Peoples Bus LineSuperior Court of Delaware · 1922
- King Cattle Co. v. JosephSupreme Court of Minnesota · 1924
- Tyler v. Whitney-Central Trust & Savings BankSupreme Court of Louisiana · 1924
- Hubbard v. Robert B. Wallace Co.Supreme Court of Iowa · 1926
- Hight v. McCullochTennessee Supreme Court · 1923
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