Belmont Coal & Railroad v. Smith
Supreme Court of Alabama
Appeal from the Circuit Court of Jackson. Tried before the Hon. H. C. Speake. This action was brought by Barton B. Smith, against the appellant, a domestic corporation; was commenced on the 6th February, 1882, and was founded upon a promissory note, dated January 3d, 1881, of which the following is a copy: “ Thirty days from date, we promise to pay B. B. Smith one hundred dollars, as rent of store at Boyd’s Switch, for the year 1880; said B. B. Smith agreeing to hold us…
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Appeal from the Circuit Court of Jackson. Tried before the Hon. H. C. Speake. This action was brought by Barton B. Smith, against the appellant, a domestic corporation; was commenced on the 6th February, 1882, and was founded upon a promissory note, dated January 3d, 1881, of which the following is a copy: “ Thirty days from date, we promise to pay B. B. Smith one hundred dollars, as rent of store at Boyd’s Switch, for the year 1880; said B. B. Smith agreeing to hold us harmless against claim of James K. Wright. “ Belmont Coal & R. R. Co. W. S. Gordon, Vice-president.” The complaint contained…
1Opinion of the Court
STONE, .J.
— The original contract of renting for the year 1880 was made while Gordon was vice-president of the corporation, and Barclay was clerk in the store — used, as we infer, for purposes of the corporation. There was exception to the allowance in evidence of declarations by, and negotiations with both Barclay and Gordon, which were-offered and admitted against the objection of the corporation. The declarations and negotiations all related to the contract of renting, and to the rival claims to the rent, asserted by Smith and Wright. The corporation desired the use of the store-house, and…
2Cited by14 opinions
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- Bedwell v. BedwellSupreme Court of Alabama · 1884
- Pfister v. StateSupreme Court of Alabama · 1887
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