Boardman v. Gore
Supreme Court of Alabama
Boardman, who was plaintiff below, brought an action of debt in the Circuit Court of Tuscaloosa, against Gore and Williams, onajoi®fand several note under seal, made by them to B. M. GaWer or bearer, and which was - assigned by Garner in writing, to one Ragsdale, and by Ragsdale to the plaintiff.. The defendants pleaded several separate pleas.
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Boardman, who was plaintiff below, brought an action of debt in the Circuit Court of Tuscaloosa, against Gore and Williams, onajoi®fand several note under seal, made by them to B. M. GaWer or bearer, and which was - assigned by Garner in writing, to one Ragsdale, and by Ragsdale to the plaintiff.. The defendants pleaded several separate pleas. The first plea by Gore alleges, that the writing declared on is not his deed, because it was executed in blank as to the name of the payeej'tmd that his name was inserted afterwards. To this plea there was a replication averring that the defendant Gore…
1Opinion of the Court
JUDGE T AYLOR
delivered the opinion of the Court.
The question we have to decide is, was B, M. Garner authorized to insert his name as payee of this bond, after the division of the bonds among the members, of f.h^ company? i
*519It is not proved, but we are bound to presume, that Garner was one of tbe company amono; whom the insttu-ments, of which the bond in question was one, was to he divided.
It has been insisted in argument, that no agreement on the part of the obligors, that the names of the obligees should be inserted, can be inferred from the testimony; that it is only proved, such an…
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