Breitling v. Marx
Supreme Court of Alabama
. Appeal from the; Circuit Court of Hale. Tried before tlie Hon. John Moore. This was an action brought by the appellee, J. L. Marx, against the appellant, F. A. Breitling, and counted upon two promissory notes, alleged to have been negotiable instruments, and which were made payable to i-I. W. Rumbley & Co. and were indorsed to the plaintiff, and owned by him at the time of the institution of the siiit.
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. Appeal from the; Circuit Court of Hale. Tried before tlie Hon. John Moore. This was an action brought by the appellee, J. L. Marx, against the appellant, F. A. Breitling, and counted upon two promissory notes, alleged to have been negotiable instruments, and which were made payable to i-I. W. Rumbley & Co. and were indorsed to the plaintiff, and owned by him at the time of the institution of the siiit. The defendant pleaded the general issue and the following special pleas: “4th. The defendant- says and avers that the instruments sued on in the complaint are without consideration. “5th. The…
1Opinion of the CourtMcCLELLAN, C. J.
A written promise under seal to pay money is not' a promissory note, nor can it be declared on as such; but a writing is not under seal unless the purpose to seal it is expressed or indicated in its body: The mere suffixing a scroll containing the word “Seal” or the letters “L. S.” to the name of the subscriber does not make it a writing under seal.—Carter & Carter v. Penn, 4 Ala. 140; Blackwell v. Hamilton, 47 Ala. 470. The obligations upon which this suit is brought are properly declared on as promissory notes: They as described in the complaint and in fact are commercial paper. Plaintiff…
2Cases cited2 opinions
- Carter v. PennSupreme Court of Alabama · 1842
- Blackwell v. HamiltonSupreme Court of Alabama · 1872
3Cited by9 opinions
- Memphis & Charleston Railroad v. MartinSupreme Court of Alabama · 1901
- Andrews v. HallSupreme Court of Alabama · 1902
- Autauga Co-Operative Leasing Ass'n v. WardSupreme Court of Alabama · 1948
- Culberson v. Empire Coal Co.Supreme Court of Alabama · 1908
- Transbel Investment Co. v. VenetosNew York Court of Appeals · 1938
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