Pitts v. Keyser
Supreme Court of Alabama
Joseph C. and Charles C. Keyser, brought an action sf assumpsit, in the Circuit Court of Pike county; and declared on a promissory note made by Pitts, payable to them.
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Joseph C. and Charles C. Keyser, brought an action sf assumpsit, in the Circuit Court of Pike county; and declared on a promissory note made by Pitts, payable to them. The cause was tried before Judge Crenshaw, at the April term, 1826, and a bill of exceptions was tendered by the defendant and sealed by the Court, by which it appears, that the note described in the declaration, and produced to the jury, had on it an endorsement in these words: “ Pay Gen. Eldridge S. Greening, or order : Joseph C. and Charles C. Keyseri” That no other evidence was offered but the note, on either side. The…
1Opinion of the Court
By JUDGE TAYLOR.
In a case similarly situated, reported in Wheaton,a the Supreme Court of the United States determined they would presume the property in the paper sued on was in the holder, although there was an endorsement on it to a third person, until the contrary was proved; that they would presume the endorsement had been made to facilitate collection, or for some such purpose, and that the instrument had been returned to the owner without that object being effected. This presumption like all others, might be rebutted by proof, and if it should be made to appear by evidence, that the…
2Cited by6 opinions
- Graham v. NewmanSupreme Court of Alabama · 1852
- Evans v. GordonSupreme Court of Alabama · 1838
- Herndon ex rel. Woodward v. TaylorSupreme Court of Alabama · 1844
- Beeson v. LippmanSupreme Court of Alabama · 1875
- Pickett v. StewartSupreme Court of Alabama · 1847
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