Doyle v. First National Bank
Supreme Court of Alabama
Appeal from the City Court of Birmingham. Tried before the Son. Charles A. Senn. This was an action brought by the appellant against the appellee to recover damages for the alleged wrongful protest of a note by said hank, made and executed by the plaintiff. There were many pleas and demurrers thereto and 'several rulings of the trial court upon the pleadings, but under the opinion on the present appeal it is unnecessary to set out these pleadings and rulings thereon.
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Appeal from the City Court of Birmingham. Tried before the Son. Charles A. Senn. This was an action brought by the appellant against the appellee to recover damages for the alleged wrongful protest of a note by said hank, made and executed by the plaintiff. There were many pleas and demurrers thereto and 'several rulings of the trial court upon the pleadings, but under the opinion on the present appeal it is unnecessary to set out these pleadings and rulings thereon. The facts of the case are sufficiently stated in the opinion. On the trial of the cause after the introduction of all the…
1Opinion of the CourtDowdell, J.
The plaintiff brought his action to recover damages from the defendant bank.for an alleged wrongful protest by said bank of a note made and executed by plaintiff. The note in question reads as follows:
“52.50. Birmingham, Ala. Nov. 11, 1899.
Six months fixed after date I promise to pay to the order of Mrs. E. L. Watts Fifty-two & 50-100 Dollars. Value received, with interest from maturity until paid. Payable at the First National Bank of Birmingham, Ala. The makers and endorsers of this note hereby expressly waive all right to claim exemption allowed by the constitution and laws of 'this or any…
2Cases cited3 opinions
- Donegan & Tabor v. WoodSupreme Court of Alabama · 1873
- Bellinger v. Glenn, Brockway & Co.Supreme Court of Alabama · 1885
- White v. KeithSupreme Court of Alabama · 1892
3Cited by4 opinions
- Oberhaus v. State ex rel. McNamaraSupreme Court of Alabama · 1911
- Sovereign Camp, W. O. W. v. ReedSupreme Court of Alabama · 1922
- Daniel v. OrmandAlabama Court of Appeals · 1935
- Clark v. O'NealSupreme Court of Alabama · 1935