Slaughter v. First National Bank
Supreme Court of Alabama
Appeal from the Circuit Court of Crenshaw. Tried before the Hon. .John R. Tyson. The note sued on is copied in the report of the case on a former appeal. First National Bank of Montgomery v. Slaitghter, 98 Ala. 602. Upon the introduction of all the evidence, the court, at the request of the plaintiff,' gave the following written charge : “If you believe the evidence, yon should find for the plaintiff,” and to the giving of this charge the defendants duly excepted.
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Appeal from the Circuit Court of Crenshaw. Tried before the Hon. .John R. Tyson. The note sued on is copied in the report of the case on a former appeal. First National Bank of Montgomery v. Slaitghter, 98 Ala. 602. Upon the introduction of all the evidence, the court, at the request of the plaintiff,' gave the following written charge : “If you believe the evidence, yon should find for the plaintiff,” and to the giving of this charge the defendants duly excepted. There were verdict and judgment for the plaintiff, and the defendants appeal. Ocher- material facts are sufficiently stated in the…
1Opinion of the CourtPie Ad, J.
The note declared upon is governed by the commercial law. — First National Bank of Montgomery v. Slaughter, 98 Ala. 602 (14 So. Rep. 545). Action upon it, therefore, must be prosecuted by the holder of the legal title. — Code, § 2594. A sworn plea of defendants denies that it had been assigned to the plaintiff. *159The legal title to such, paper can pass only by the indorsement of the payee. The words, “Montgomery Iron Works, J. J. Woodward, Secretary & Treasurer,” which appear on the back of the note in suit, do not, under the issue here presented, without more, prove an indorsemement by the…
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