Brown v. Jones
Supreme Court of Alabama
QUESTIONS IN THIS CASE, As to the verification of a plea. Relative to a material alteration in a promissory note. Jones declared in assumpsit against the plaintiffs in error, in Tuskaloosa County Court, upon a promissory note. The defendants plead a special plea, and the general issue.
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QUESTIONS IN THIS CASE, As to the verification of a plea. Relative to a material alteration in a promissory note. Jones declared in assumpsit against the plaintiffs in error, in Tuskaloosa County Court, upon a promissory note. The defendants plead a special plea, and the general issue. The special plea set out, that the said note, after the making thereof, and without the knowledge or consent of the said defendants, had been altered or changed, in this, to-wit, by adding to the said note, the words, “ with interest from the date.” To this plea, there was a demurrer, which being sustained,…
1Opinion of the CourtCollier, J.
The plaintiffs in error, to an action of assumpsit, in the County Court' of Tuskaloosa, pleaded — first, that, the promissory note, on which the action is brought, after the making of the same, was *421altered, without their knowledge or consent, bj adding thereto, the words, “ with interest from the date.” Second — the general issue: both of which pleas-were verified by the affidavit of Samuel Brown.
The defendant in error demurred to the first plea; and his demurrer was sustained.
The correctness of this decision is the only point presented by the assignment of errors; and this involves these…
2Cases cited1 opinion
- Cutts v. United StatesU.S. Circuit Court for the District of Massachusetts · 1812
3Cited by6 opinions
- Anderson v. Bellenger & RallsSupreme Court of Alabama · 1888
- Montgomery Rail Road v. HurstSupreme Court of Alabama · 1846
- Toomer, Sykes & Billups v. RutlandSupreme Court of Alabama · 1876
- Davis v. CarlisleSupreme Court of Alabama · 1844
- Box v. Metropolitan Life Ins. Co.Supreme Court of Alabama · 1935
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