Fenouille v. Hamilton
Supreme Court of Alabama
Appeal from the Circuit Court of Mobile. Tried before the Hon. O. W. Rapier. Tins action was brought by Louis Fenouille, against Thomas A. Hamilton, to recover a promissory note for $400, made by Francis and Elizabeth Fenouille, dated the 8th July, 1857, and payable one year after date, to the order of the plaintiff.
Read the full summary
Appeal from the Circuit Court of Mobile. Tried before the Hon. O. W. Rapier. Tins action was brought by Louis Fenouille, against Thomas A. Hamilton, to recover a promissory note for $400, made by Francis and Elizabeth Fenouille, dated the 8th July, 1857, and payable one year after date, to the order of the plaintiff. The case was submitted to the decision of the court, with leave to either party to take an ajjpeal to this court, on the following agreed facts: “ The plaintiff was the owner of two promissory notes, each payable to himself, and one of which is the note sued for in this action;…
1Opinion of the Court
A. J. "WALKER, C. J.
That one who takes a negotiable paper, as collateral security for the payment of a pre-existing debt, is not a purchaser for value in the course of trade, is a settled doctrine in this State; and although there is a great conflict of authorities upon the point, we are not convinced that we ought to depart from our former decisions. — Boyd v. Beck, 29 Ala. 703; McKenzie v. Bank, 28 Ala. 606 ; Andrews v. McCoy, 8 Ala. 920; Bank v. Hall, 6 Ala. 639; Cullum v. Bank, 4 Ala. 21.
In this case, there was no other consideration for the *323transfer of the note to the defendant than the…
2Cases cited5 opinions
- Cullum v. Branch of the Bank of AlabamaSupreme Court of Alabama · 1842
- Boyd v. BeckSupreme Court of Alabama · 1857
- Andrews v. McCoySupreme Court of Alabama · 1846
- Bank of Mobile v. HallSupreme Court of Alabama · 1844
- McKenzie v. Branch BankSupreme Court of Alabama · 1856
3Cited by11 opinions
- Oates v. National BankSupreme Court of the United States · 1879
- Morton & Bliss v. New Orleans & Selma Railway Co.Supreme Court of Alabama · 1885
- Rutledge's Adm'r v. Townsend, Crane & Co.Supreme Court of Alabama · 1863
- Reid v. Bank of MobileSupreme Court of Alabama · 1881
- Manning v. McClureIllinois Supreme Court · 1865
6 more not listed; retrieve them via the Exa API.