Whatley v. Muscogee Bank
Cases that cite this one
3 later published cases cite this decision.
- Simpson v. E. C. Payne Lumber Co. (Ala. Ct. App. 1919)
- Quarles v. Kendrick Mercantile Co. (Ala. Ct. App. 1918)
- Foley v. Hardy (Kan. 1927)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.