51 So. 15 | Ala. | 1909
It is an elementary principle of law that commercial paper in the hands of a bona fide purchaser for value before maturity is not subject to
The trial court , erred in sustaining demurrers to plaintiff replications 2 and 3, in so far as they answered the special amended pleas setting up fraud, breach of warranty, failure of consideration, etc. Replication 3 sets up that the notes were commercial or negotiable, and was a good answer to- said pleas as to all counts of the complaint. The second replication does not aver that the notes were negotiable or commercial, but which was not necessary, in so far as the pleas answer counts 2 and 3 of the complaint, as they each aver negotiable notes. The first count, however, does not
While there are many assignments of error, there is no need to discuss them, as the trial court should give the plaintiff the benefit of the replications upon the next trial, and unless there is a material change in the evidence the plaintiff will be entitled to the general charge. The replications were proved beyond dispute, notwithstanding it was incumbent upon the defendant to prove notice after plaintiff proved the other averments of the replications. — Ala. National Ba/nJc v. Halsey, supra. The letter introduced from Couch & Son to Kilgore Bros., whether properly admitted or not, did not tend to contradict the replications.
The judgment of the circuit court is reversed, and the cause is remanded.
Reversed and remanded.