Westinghouse Machine Co. v. Wilkinson
Supreme Court of Alabama
From the City Court of Montgomery. Tried before the Hon. Tiios. M. Arrington. These two actions were brought by the appellant, a private corporation chartered under .the laws of Pennsylvania, and were commenced on the 21st September, 1885. The cause of action, in each case, was a promissory note for $2,000, dated at Montgomery, May 9th, 1885, and payable four months after date, with interest from date ; which was signed by Wilkinson & Cole, payable to the Montgomery Iron…
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From the City Court of Montgomery. Tried before the Hon. Tiios. M. Arrington. These two actions were brought by the appellant, a private corporation chartered under .the laws of Pennsylvania, and were commenced on the 21st September, 1885. The cause of action, in each case, was a promissory note for $2,000, dated at Montgomery, May 9th, 1885, and payable four months after date, with interest from date ; which was signed by Wilkinson & Cole, payable to the Montgomery Iron Works Company, at the First National Bank of Montgomery, and indorsed by said Montgomery IronWorks Company; said Wilkinson…
1Opinion of the CourtSomeryille, J.
In May, 1885, Wilkinson & Cole exe-cuted a note for two thousand dollars, payable to the order of the Montgomei-y Iron-Works Company, which was indorsed by the payee to the plaintiff — the Westinghouse Machine Company — a body corporate, which here brings suit on this note respectively against the makers and the indorser. The two causes are submitted together, and, as they depend upon essentially the same principles of law, we consider them together.
The qnestion presented is one of ultra vires, or of corporate power. The consideration of the note sued on was a balance due on certain machinery…
2Cases cited4 opinions
- City Council of Montgomery v. Montgomery & Wetumpka Plank-Road Co.Supreme Court of Alabama · 1857
- Marion Savings Bank v. DunkinSupreme Court of Alabama · 1875
- Grand Lodge v. WaddillSupreme Court of Alabama · 1860
- Waddill v. Ala. & Tenn. Rivers RailroadSupreme Court of Alabama · 1859
3Cited by8 opinions
- First National Bank of Gadsden v. Winchester.Supreme Court of Alabama · 1898
- Pearson v. DuncanSupreme Court of Alabama · 1916
- Alabama Red Cedar Co. v. Tennessee Valley BankSupreme Court of Alabama · 1917
- United States Fidelity & Guaranty Co. v. Town of DothanSupreme Court of Alabama · 1911
- Southern Building & Loan Ass'n v. Casa Grande Stable Co.Supreme Court of Alabama · 1900
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