Kaladner v. First Nat. Bank of Birmingham
Alabama Court of Appeals
Appeal from Circuit Court, Shelby County; Hugh D. Merrill, Judge. Action by the First National Bank of Birmingham against M. Kaladner upon a promissory note. Judgment for plaintiff and defendant appeals. The plaintiff did not make out even a prima facie case, and was due an instructed verdict. Sherrill v. M. & M. T. & S. Bank, 195 Ala. 175, 70 South. 723; Wilson v. Weaver, 16 Ala.
Read the full summary
Appeal from Circuit Court, Shelby County; Hugh D. Merrill, Judge. Action by the First National Bank of Birmingham against M. Kaladner upon a promissory note. Judgment for plaintiff and defendant appeals. The plaintiff did not make out even a prima facie case, and was due an instructed verdict. Sherrill v. M. & M. T. & S. Bank, 195 Ala. 175, 70 South. 723; Wilson v. Weaver, 16 Ala. App. 249, 77 South. 238. • The appellant also showed payment, and should have been discharged therefor. 75 Ind. 67; 4 Ind. 522; 10 Ind. 467; section 5042, Code 1907; 7 Cyc. 1029, note 44; 42 Ala. 117; 173 Ala. 306,…
1Opinion of the CourtSamford, J.
[1] Defendant was the holder of a promissory note, executed by H. Aronson, in the sum of $100. This note j plaintiff indorsed and discounted to.the Citizens’ Bank of Calera; the Citizens’ Bank indorsed the note in blank, and the plaintiff, having the possession, sues, claiming to be the owner in due course. There were three pleas. The first two are in effect the general issue, and plea 3 alleges that the amount sued for was paid to the plaintiff before the action was commenced. There was no sworn plea denying the making or assignment of the note. The plaintiff introduced the note in evidence,…
2Cases cited3 opinions
- Ledbetter & Co. v. VintonSupreme Court of Alabama · 1895
- International Harvester Co. v. GladneySupreme Court of Alabama · 1908
- O'Rear v. American Trust & Savings BankSupreme Court of Alabama · 1916
3Cited by1 opinion
- Continental Casualty Co. v. BrawnerSupreme Court of Alabama · 1933