Green v. Martin, 6 Div. 853.

Decision Date05 March 1931
Docket Number6 Div. 853.
Citation132 So. 882,222 Ala. 356
CourtAlabama Supreme Court

Appeal from Circuit Court, Jefferson County; Roger Snyder, Judge.

Action on promissory note by D.F. Green, as Superintendent of Banks liquidating the Woodlawn Savings Bank, against L. B. Martin. From a judgment for defendant, plaintiff appeals.

Transferred from Court of Appeals under section 7326, Code 1923.

Reversed and remanded.

Wilkinson & Burton and Frank A. Wilkinson, all of Birmingham, for appellant.

J Wiley Logan, of Birmingham, for appellee.


This suit is brought by the superintendent of banks, the statutory receiver of the Woodlawn Savings Bank, on a note executed by the defendant and payable to said bank, and plea 6, as amended, attempts to avoid said note because of the facts therein set up. Section 9042 of the Code provides:

"Where the instrument is wanting in any material particular, the person in possession thereof has a prima facie authority to complete it by filling up the blanks therein. And a signature on a blank paper delivered by the person making the signature in order that the paper may be converted into a negotiable instrument operates as a prima facie authority to fill it up as such for any amount. In order, however, that any such instrument when completed may be enforced against any person who became a party thereto prior to its completion, it must be filled up strictly in accordance with the authority given and within a reasonable time. But if any such instrument, after completion, is negotiated to a holder in due course, it is valid and effectual for all purposes in his hands, and he may enforce it as if it had been filled up strictly in accordance with the authority given and within a reasonable time."

From aught appearing from the plea, the blanks were filled out by Miss Schultz before delivery to the bank and without notice of the existence of the blank or of the specific instructions of the defendant as to how it should be filled. The question however, that arises is whether or not the bank, being the payee, can be a holder of said note in due course under section 9078 of the Code. As to this question, the authorities are not in harmony, but, as brought out in Brannon's Negotiable Instruments Law (4th Ed.) pages 361, 362, the affirmative view is supported by the weight of authority, and among the cases cited is Ex parte...

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6 cases
  • Zieman v. U.S. Fid. & Guar. Co. of Balt., Md.
    • United States
    • Iowa Supreme Court
    • 29 Septiembre 1931
    ...v. Equitable Life Assurance Soc., 218 N. Y. 18, 112 N. E. 433;Verducci v. Casualty Co., 96 Ohio St. 260, 117 N. E. 235;Green v. Martin, 222 Ala. 356, 132 So. 882;Elliott v. Indemnity Ins. Co., 201 Wis. 445, 230 N. W. 87; 32 C. J., 1162. The contract is one of liability insurance. 36 C. J. 1......
  • Zieman v. United States Fidelity & Guar. Co. of Baltimore, Maryland
    • United States
    • Iowa Supreme Court
    • 29 Septiembre 1931
    ... ... and professional drivers and to furnish a program of six (6) ...          Prior ... to the convening of the ... Casualty Co. (Ohio), 117 N.E. 235; Green v. Martin ... (Ala.), 132 So. 882; Elliott v. Indemnity ... ...
  • Macke v. Scaccia
    • United States
    • Alabama Supreme Court
    • 5 Marzo 1931
    ...132 So. 880 222 Ala. 359 MACKE v. SCACCIA. 6 Div. 765.Supreme Court of AlabamaMarch 5, 1931 ... ...
  • Green v. Ray
    • United States
    • Alabama Supreme Court
    • 19 Marzo 1931
    ...theory be accepted. That the consideration of a note need not pass from the promisee was decided in Green, as Supt. of Banks, v. Martin (Ala. Sup.) 132 So. 882, present The court, at defendant's request, gave to the jury the following charge: "If you are reasonably satisfied from the eviden......
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