McPeters v. Phillips
Supreme Court of Alabama
Appeal from the Circuit Court of Lauderdale. Tried before Hon. James S. Clark. The appellant being sued in trover for the conversion of a promissory note made by one Grillis, offered to prove by several witnesses that the maker, said Gillis, was insolvent from the time appellant received the note until said Gillis died, and that said Gillis’ estate was insolvent.
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Appeal from the Circuit Court of Lauderdale. Tried before Hon. James S. Clark. The appellant being sued in trover for the conversion of a promissory note made by one Grillis, offered to prove by several witnesses that the maker, said Gillis, was insolvent from the time appellant received the note until said Gillis died, and that said Gillis’ estate was insolvent. He also offered the records of the probate court of the county, in which the administration of the estate was being settled, to show that said estate was insolvent. To.the introduction of the witnesses and the record of the probate…
1Opinion of the CourtB. E. Saeeold, J.
It is stated once in the bill of exceptions that the witnesses were offered to prove that the maker of the note was notoriously insolvent, but in two other instances simply that he was insolvent. The obvious meaning of the bill of exceptions is, that the defendant offered the witnesses to prove the value of the note. Insolvency is said to be a conclusion of law. It can not be proved by reputation, but the reputation of facts, or circumstances, from which such a conclusion may properly be drawn is legitimate evidence. — Lawson v. O’Rear, 7 Ala. 784. The line of distinction is finely drawn, and…
2Cases cited3 opinions
- Walker v. ForbesSupreme Court of Alabama · 1854
- Lawson v. OrearSupreme Court of Alabama · 1845
- Bank of Mobile v. MarstonSupreme Court of Alabama · 1844
3Cited by10 opinions
- First National Bank v. HenrySupreme Court of Alabama · 1905
- First Nat. Bank of Montgomery v. Montgomery Cotton Mfg. Co.Supreme Court of Alabama · 1924
- First Nat. Bank v. MorganSupreme Court of Alabama · 1925
- SouthTrust Bank v. DonelySupreme Court of Alabama · 2005
- Bomar v. SmithCourt of Appeals of Texas · 1917
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