Snead v. Barclift
Alabama Court of Appeals
Appeal from Marshall Circuit Court-. Heard before Hon. W. W. Haralson. Action by Thos. M. Barclift against John H. Snead on a negotiable instrument. Judgment for plaintiff and defendant appeals. The fact that the note was not delivered at the time of payment is not sufficient to charge the maker with notice of a transfer. — Bmh v. Bproiill, 105 Ala. 281; Vann v. Mar-bury, 100 Ala. 438; Hart v. Freeman, 42 Ala. 567. The charges refused should have been given. — Gillman v. FF.
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Appeal from Marshall Circuit Court-. Heard before Hon. W. W. Haralson. Action by Thos. M. Barclift against John H. Snead on a negotiable instrument. Judgment for plaintiff and defendant appeals. The fact that the note was not delivered at the time of payment is not sufficient to charge the maker with notice of a transfer. — Bmh v. Bproiill, 105 Ala. 281; Vann v. Mar-bury, 100 Ala. 438; Hart v. Freeman, 42 Ala. 567. The charges refused should have been given. — Gillman v. FF. O. B. B. Go., 72 Ala. 585. The rule is not more favorable to the holder of negotiable paper than it is to the maker of…
1Opinion of the Court
de GRAFFENRIED, J.
The appellee, plaintiff in the court below, sued the appellant, defendant in the court below, for the sum of $100 due by a promissory note made by the appellant to Mrs. A. J. Denson on January 7, 1908, and due and payable on December 1, 1908. The appellant filed to the complaint pleas of payment and set-off, and also a plea denying appellee’s ownership of the note.
The evidence, without conflict, showed:
That the appellant, for a valuable consideration, executed to Mrs. A. J. Denson on the date above mentioned the note sued on. That she delivered it to her son, G. D. Jackson,…
2Cases cited2 opinions
- Capital City Insurance v. QuinnSupreme Court of Alabama · 1883
- Teat v. Chapman & Co.Alabama Court of Appeals · 1911
3Cited by2 opinions
- Sherrill v. Merchants & Mechanics T. & S. BankSupreme Court of Alabama · 1915
- Slaughter v. GreenSupreme Court of Alabama · 1920