Whatley v. Muscogee Bank
This text of 72 So. 1018 (Whatley v. Muscogee Bank) is published on Counsel Stack Legal Research, covering Supreme Court of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
The complaint does not allege that the note sued upon contained negotiable words, that is, was made payable to. “order” or “bearer,” and, for aught there appearing it was nonnegotiable. — Code, §§ 4958, 4665, 4966; 7 Cyc. 606. To avoid the defenses stated in the several special pleas, it was necessary that the replications should show the negotiability of the note. — 14 Ene. PI. & Pr. 518, 525. The fifth ground of demurrer to the special replications should have been sustained.
Reversed and remanded.
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Cite This Page — Counsel Stack
72 So. 1018, 197 Ala. 402, 1916 Ala. LEXIS 87, Counsel Stack Legal Research, https://law.counselstack.com/opinion/whatley-v-muscogee-bank-ala-1916.