American National Bank & Trust Co. of Mobile v. Long

MERRILL, Justice.

Appellant sued appellee on a note. Appellee filed several pleas, one of which was non est factum. When appellant rested, appellee also rested and requested the affirmative charge. The court gave the general affirmative charge without hypothesis on the ground that the appellant had not proved the execution of the note, and the verdict and judgment were in accord with the charge.

The appellant proved that the Mobile Jeep Corporation had negotiated to it, for a valuable consideration, a note purportedly executed by appellee to Mobile Jeep Corporation with a balance due on it of…