Sykes v. Lewis

Citations

• 17 Ala. 261

Syllabus

<p>1. A demurrer to a replication maybe visited upon the plea, notwithstanding a demurrer to the plea has been previously overruled.</p> <p>2. In an action on a promissory note by the payee for the use of a bona fide transferree from a prior beneficial holder, the maker cannot set-off a demand against the latter, although the note was delivered to him and he ' was the real owner of it at the time of its execution.</p> <p>3. The delivery of a bond or note to the party in whom resides the beneficial interest is sufficient, notwithstanding the legal title is vested in another.</p> <p>4. The declarations of a nominal plaintiff, made after suit brought, are inadmissible in evidence against the party having the beneficial interest.</p>