Coats v. Mutual Alliance Trust Co.
Supreme Court of Alabama
Appeal from Marengo Law and Equity Court. Heard before Hon. Edward J. Gilder. Action . by tlie Mutual Alliance Trust Company against John G. Coats on a note. Judgment for plaintiff, and defendant appeals.
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Appeal from Marengo Law and Equity Court. Heard before Hon. Edward J. Gilder. Action . by tlie Mutual Alliance Trust Company against John G. Coats on a note. Judgment for plaintiff, and defendant appeals. Tlie pleas referred to in tlie opinion are as follows: (E) “That tbe note sued on was given by tbe defendant to tbe City Bank & Trust Company, of Demopolis, Ala., and is now held by tbe plaintiff as collateral security for tbe payment of a certain note given by tbe City Bank & Trust Company to tbe said plaintiff for, to-wit, |18,000, due November.!, 1910; that, prior to tbe 1st day of…
1Opinion of the CourtMcCLELLAN, J.
Action by the assignee (appellee), by indorsement, of a promissory note, which was payable at a designated banking house in Demopolis, Ala.
Under the letter of Code, § 2489, the holder of the “legal title” to such an obligation is the proper party to institute the action. — Hanna v. Ingram, 93 Ala. 482, 9 South. 621; Berney v. Steiner, 108 Ala. 111, 19 South. 806, 54 Am. St. Rep. 144; Bibb v. Hall & Farley, 101 Ala. 79, 95, 14 South. 98. In emphasis of the distinction taken by the statute cited, certain other characters of promises to pay must be sued on by the beneficial owner, the party…
2Cases cited8 opinions
- Bibb v. Hall & FarleySupreme Court of Alabama · 1893
- Carmelich v. MimsSupreme Court of Alabama · 1889
- Hirschfelder v. MitchellSupreme Court of Alabama · 1875
- Berney v. Steiner Bros.Supreme Court of Alabama · 1895
- Bank v. MannTennessee Supreme Court · 1894
3 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Darling Shop of Birmingham, Inc. v. Nelson Realty Co.Supreme Court of Alabama · 1954
- Brown v. First National BankSupreme Court of Florida · 1923
- Rudisill Soil Pipe Co. v. Eastham Soil Pipe & Foundry Co.Supreme Court of Alabama · 1923
- Lauderdale County Co-op., Inc. v. LansdellSupreme Court of Alabama · 1954
- City of Albertville v. Universal Electric Const. Co.Supreme Court of Alabama · 1941
4 more not listed; retrieve them via the Exa API.