Legal Opinion

Pickett v. Stewart

Supreme Court of Alabama

Decided June 15, 1847PublishedCited by 1 opinion

Writ of Error to the Circuit Court of Lawrence. Debt by Stewart, suing for the use of Thompson, as the indorsee of a promissory note, against Pickett, as one of the firm of Pickett & Barker, its makers. The defendants pleaded several pleas, to which demurrers were sustained, but which are unnecessary to be noticed here, as the defendant does not raise any point upon them in his brief.

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Writ of Error to the Circuit Court of Lawrence. Debt by Stewart, suing for the use of Thompson, as the indorsee of a promissory note, against Pickett, as one of the firm of Pickett & Barker, its makers. The defendants pleaded several pleas, to which demurrers were sustained, but which are unnecessary to be noticed here, as the defendant does not raise any point upon them in his brief. At the trial, the plaintiff offered in evidence the note described in his declaration, on which, were the following in-dorsements, in blank, to wit: Stephen Pickett, Picket, Barks & Co., Wm. Stewart, (the…

1Opinion of the CourtGoldthwaite, J.

The distinction between this case and those of Johnston and English, 1 Stew. 169, and Hunt v. Stewart, 7 Ala. 525, is, that here the indorsement is in *204blank, whilst in those, it was filled up to the identical person for whose use the suit was instituted. The decisions proceed on the ground, that the indorsements vested the legal interest in the note in the person named, and the suit being for his use, rebutted the presumption which otherwise would arise from finding the note in the hands of the indorser. Here there is nothing to rebut the presumption, that the note has been returned to the…

2Cases cited4 opinions

  1. Dugan v. United StatesSupreme Court of the United States · 1818
  2. Hunt v. StewartSupreme Court of Alabama · 1845
  3. Johnson ex rel. Stone v. EnglishSupreme Court of Alabama · 1827
  4. Pitts v. KeyserSupreme Court of Alabama · 1827

3Cited by1 opinion

  1. Berney v. Steiner Bros.Supreme Court of Alabama · 1895

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