Ross v. Drinkard's Adm'r
Supreme Court of Alabama
Appeal from tbe Circuit Court of Marengo. Tried before the Hon. Porter King. Teis action was brought by the administrator of Jeremiah Drinkard, deceased, against Andrew D. Ross; and was founded on two bills of exchange, each for $260, drawn by one John T. Brackinridge on tbe defendant, and by him accepted, dated the 25tb December, 1856, and payable six months after date, to the order of said Brackinridge, by whom they were endorsed. 'The only plea was “ the general issue, in…
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Appeal from tbe Circuit Court of Marengo. Tried before the Hon. Porter King. Teis action was brought by the administrator of Jeremiah Drinkard, deceased, against Andrew D. Ross; and was founded on two bills of exchange, each for $260, drawn by one John T. Brackinridge on tbe defendant, and by him accepted, dated the 25tb December, 1856, and payable six months after date, to the order of said Brackinridge, by whom they were endorsed. 'The only plea was “ the general issue, in short by consent, with leave to give in evidence any special matter of defense.” On tbe trial, as the bill of…
1Opinion of the CourtA. J. Walker, C. J.
The charges given and refused by the circuit court present two questions. Those questions are, whether the endorsee of a bill of exchange, who obtains it before maturity, has the onus cast upon him of proving that he was a purchaser for value, when it is shown that there was either a want of consideration between the original parties to the bill of exchange, or a failure of consideration; and whether such endorsee has the onus cast upon him of proving that he paid a valuable consideration, when it is shown that the bill was procured by fraud.
It seems to be a doctrine of universal acceptance,…
2Cases cited6 opinions
- Townsend v. CowlesSupreme Court of Alabama · 1858
- Wallace v. Branch BankSupreme Court of Alabama · 1840
- Rogers v. MortonNew York Supreme Court · 1834
- Boyd v. McIvorSupreme Court of Alabama · 1847
- Morton v. RogersCourt for the Trial of Impeachments and Correction of Errors · 1835
1 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Pana v. BowlerSupreme Court of the United States · 1883
- Elmore County Bank v. AvantSupreme Court of Alabama · 1914
- Alabama National Bank v. HalseySupreme Court of Alabama · 1895
- German-American National Bank v. LewisAlabama Court of Appeals · 1913
- Gilman, Sons & Co. v. New Orleans & Selma RailroadSupreme Court of Alabama · 1882
9 more not listed; retrieve them via the Exa API.