Morris v. Varner
Supreme Court of Alabama
[ACTION ON PROMISSORY NOTE — PLEA, NON EST EACTDM.] Appeal from tbe Circuit Court of Marengo. Tried before tbe Hon. E. W. Pettus. This action was brought by John Yarner against "William Monis, and was founded on the defendant’s promissory note for $265, payable on the 1st January, 1854, and dated the 29th-r, 1852. The only plea was non est factum, on which issue was joined.
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[ACTION ON PROMISSORY NOTE — PLEA, NON EST EACTDM.] Appeal from tbe Circuit Court of Marengo. Tried before tbe Hon. E. W. Pettus. This action was brought by John Yarner against "William Monis, and was founded on the defendant’s promissory note for $265, payable on the 1st January, 1854, and dated the 29th-r, 1852. The only plea was non est factum, on which issue was joined. The only error now assigned is, the ruling of the court in permitting the note to go in evidence before the jury without sufficient proof of its execution.
1Opinion of the CourtWarner, J.
When the issue of fact is on the plea of non est factum, the question of the execution of the note sued upon is for the jury. It is not requisite to the admission of the note in evidence, that a prima-facie case of the genuineness of the defendant’s signature should be made out. It is sufficient that evidence should be shown to the court, conducing to prove the affirmative of the issue, which it would be proper for the jury to consider. Whenever there is, prima facie, any reason for sending the note to the jury, it should be suffered to go to them. There is, prima facie, such reason, when…
2Cases cited2 opinions
- Knapp v. McBrideSupreme Court of Alabama · 1844
- Catlin, Peeples & Co. v. GildersSupreme Court of Alabama · 1842
3Cited by4 opinions
- Barclift v. TreeceSupreme Court of Alabama · 1884
- Massey v. ReynoldsSupreme Court of Alabama · 1925
- Gregory v. WalkerSupreme Court of Alabama · 1861
- Bailey's Heirs v. Bailey'sSupreme Court of Alabama · 1860