Legal Opinion

Town of Brewton v. Glass

Supreme Court of Alabama

Decided November 15, 1897PublishedCited by 7 opinions

Appeal from the Circuit Court of Escambia. Tried before the Hon. N. D. Denson. This .was an action brought by the appellee, Adam Glass, against the town of Brewton, and counted upon two interest coupons attached to a bond, which had been issued by the defendant. Issue was joined upon three pleas. The first was non est factum; and the other pleas were special pleas.

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Appeal from the Circuit Court of Escambia. Tried before the Hon. N. D. Denson. This .was an action brought by the appellee, Adam Glass, against the town of Brewton, and counted upon two interest coupons attached to a bond, which had been issued by the defendant. Issue was joined upon three pleas. The first was non est factum; and the other pleas were special pleas. The first of these special pleas, (that numbered 1), sets up the purposes for which the enabling statute authorized the bond here sued on to be issued ; the manner in which, and the terms upon which, the same might be disposed of,…

1Opinion of the Court

BRIG KELL, O. J.

1. The precise objection taken to the introduction in evidence of the bond and coupons, was, that they were not indorsed by Turner, from whom the plaintiff acquired them. If the instruments were payable to Turner, the objection would have been well taken. But they are payable to bearer, and it is an elementary rule of the law merchant, that a bill or note payable to bearer may be transferred by mere delivery. 1 Dan. Neg. Ins., § .663. The act authorizing the issue of the bonds, declares expressly that they shall have “ the properties and protection of commercial paper ; ” and…

2Cases cited3 opinions

  1. Town of Brewton v. SpiraSupreme Court of Alabama · 1894
  2. Garner v. Fite, Porter, Lyles & Co.Supreme Court of Alabama · 1890
  3. Wurtzburger v. Anniston Rolling MillsSupreme Court of Alabama · 1891

3Cited by7 opinions

  1. Hartford Fire Insurance Company v. ShapiroSupreme Court of Alabama · 1960
  2. Thompson Foundry & Machine Co. v. GlassSupreme Court of Alabama · 1902
  3. Jones v. Tennessee Land Co.Supreme Court of Alabama · 1937
  4. Woodall v. Malone-Harrison Motor Co.Supreme Court of Alabama · 1929
  5. Elder v. StateSupreme Court of Alabama · 1899

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