Zadek v. Forcheimer
Alabama Court of Appeals
Appeal from Circuit Court, Mobile County; Saffold Berney, Judge. Assumpsit by Louis Forcbeimer against Elizabeth G. Zadek and J. M. Ponder. Judgment for plaintiff, and defendant Zadek appeals. The action was upon what is commonly called a collateral promissory note made by J. M. Ponder, and indorsed by Elizabeth Zadek. Before trial wás entered into Ponder was stricken as a party defendant, and the case proceeded against the other defendant.
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Appeal from Circuit Court, Mobile County; Saffold Berney, Judge. Assumpsit by Louis Forcbeimer against Elizabeth G. Zadek and J. M. Ponder. Judgment for plaintiff, and defendant Zadek appeals. The action was upon what is commonly called a collateral promissory note made by J. M. Ponder, and indorsed by Elizabeth Zadek. Before trial wás entered into Ponder was stricken as a party defendant, and the case proceeded against the other defendant. Plea 1 is that defendant Zadek indorsed the note sued on after it had been fully executed, and had become a complete contract between plaintiff and J. M.…
1Opinion of the CourtBrown, P. J.
The appellee in brief concedes that under appellant’s plea i “the want of consideration was sufficiently set forth,” but contends that “no proof in support thereof was submitted.”
[1] Appellee by filing a special replication to this plea, without filing a general replication or joinder 'Of issues thereon, confessed the plea and relieved the defendant of the burden of offering proof to sustain it. Alabama National Bank v. Halsey, 109 Ala. 196, 19 South. 522.
[2] Therefore the plaintiff was not entitled to a judgment unless he proved his special replication to this plea. Alabama National Bank v.…
2Cases cited6 opinions
- Alabama National Bank v. HalseySupreme Court of Alabama · 1895
- Jackson's Adm'r v. JacksonSupreme Court of Alabama · 1845
- Woodall & Sons v. People's National BankSupreme Court of Alabama · 1907
- Richardson Bros. & Co. v. FieldsSupreme Court of Alabama · 1899
- Watson v. Reynolds & StuckeySupreme Court of Alabama · 1875
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Marsh v. Elba Bank & Trust Co.Supreme Court of Alabama · 1920
- Holczstein v. Bessemer Trust & Savings BankSupreme Court of Alabama · 1931
- Medley v. SouthTrust Bank of the Quad CitiesSupreme Court of Alabama · 1986
- McMillan v. DozierSupreme Court of Alabama · 1952
- Hines v. McMillanAlabama Court of Appeals · 1919
8 more not listed; retrieve them via the Exa API.