Carroll v. Meeks
Supreme Court of Alabama
QUESTIONS IN THIS CAUSE. Does debt lie against the maker of a note, by the bearer. Whether, the action being debt, the judgment can be entered, as in assumpsit. As to the right of the bearer of a note, to sue the maker thereon, there being an intermediate indorsee, between the bearer and his assignor. The competency of a payee and indorsee of a note, to testify in an action by a bearer, against the maker.
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QUESTIONS IN THIS CAUSE. Does debt lie against the maker of a note, by the bearer. Whether, the action being debt, the judgment can be entered, as in assumpsit. As to the right of the bearer of a note, to sue the maker thereon, there being an intermediate indorsee, between the bearer and his assignor. The competency of a payee and indorsee of a note, to testify in an action by a bearer, against the maker. This was an action of debt in Wilcox Circuit Court, commenced and prosecuted by the defendant in error, as the bearer of a promissory note. The note was payable to John Owen, or bearer, and,…
1Opinion of the CourtHopkins, J.
In this case an action of debt was. brought by the defendant against the plaintiff in er*228ror, upon a promissory note, which the declaration avers was made by him, for value received to one Owen or bearer. The right which Meeks showed to the suit, was as bearer of the noté. Two pleas were filed to the action, one of the statute of limitations, and the other was non est factum, to which issues were taken.
Upon the trial of the issues, in the Circuit Court of Wilcox county, the plaintiff in the action produced the note, with an indorsement upon it, made by Owen to one Armstrong; and proved the…
2Cited by5 opinions
- Swift v. FitzhughSupreme Court of Alabama · 1839
- McElhaney v. GillelandSupreme Court of Alabama · 1857
- Gregory v. McNealySupreme Court of Florida · 1868
- Spence v. ThompsonSupreme Court of Alabama · 1847
- Riggs v. PriceSupreme Court of Iowa · 1851