Lippman v. First National Bank
Supreme Court of Alabama
Appeal from the City Court of Ann’istou. Tried before the Hon. Jajíes W. Lapsléy. "This 'was an’ action brought' by'the First National Bank bf the’ city óf Anniston,' against the appéllant, Mrs. R.'Lippman and counted upon a promissory note,' which was made’payable to the First National .Bank. The note contained a" waivér of exemptions' and was sighed (iR. Lippman, pro; Marcus.Lippman.”
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Appeal from the City Court of Ann’istou. Tried before the Hon. Jajíes W. Lapsléy. "This 'was an’ action brought' by'the First National Bank bf the’ city óf Anniston,' against the appéllant, Mrs. R.'Lippman and counted upon a promissory note,' which was made’payable to the First National .Bank. The note contained a" waivér of exemptions' and was sighed (iR. Lippman, pro; Marcus.Lippman.” The action was commenced by .writ bf attachment' issued‘out of the city court 'of Anniston. The affidavit for'the’attachment stated that “said'R.. Lippman in said note waived'all rights'of exemption uúder'the…
1Opinion of the CourtHaralson, J.
A waiver of exemptions of personal property “may be made by a separate instrument in writing, subscribed by the party making the same, or it may be included in any bond, bill of exchange, promissory note, or other written contract executed by him.” Code of 1896, § 2105. This provision requires that the instrument shall be signed by the party making it. The intention to waive should be clearly expressed.—Knox v. *127Wilson, 77 Ala. 309; Terrell v. Hurst, 76 Ala. 588. If it be conceded that one may, by power of attorney, authorize another to make and sign a note for him, waiving his right of…
2Cases cited3 opinions
- Reed Lumber Co. v. LewisSupreme Court of Alabama · 1891
- Terrell & Vincent v. Hurst, Miller & Co.Supreme Court of Alabama · 1884
- Knox v. WilsonSupreme Court of Alabama · 1884
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- Thompson v. EvansSupreme Court of Alabama · 1951
- Street v. DuboseAlabama Court of Appeals · 1932