Martin v. Smith
Supreme Court of Alabama
Appeal from the Circuit Court of Marshall. Tried before the Hon. J. A. Bilbro. This action was brought by the appellee, Jasper Smith, against the appellant, Joseph H. Martin, and counted upon a promissory note. The defendant filed a sworn plea of non'est factum, and on this plea issue was joined and the trial was had.
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Appeal from the Circuit Court of Marshall. Tried before the Hon. J. A. Bilbro. This action was brought by the appellee, Jasper Smith, against the appellant, Joseph H. Martin, and counted upon a promissory note. The defendant filed a sworn plea of non'est factum, and on this plea issue was joined and the trial was had. After formal proof by the attesting witness, plaintiff offered in evidence an instrument in writing, dated January 8, 1894, embracing not only a promissory note of the character described in the complaint, but also a mortgage on defendant’s crop for the year 1894, and each…
1Opinion of the CourtHead, J.
This is another case where a party voluntarily executed a written obligation without reading *642it, being induced thereto by no false representation of its contents, and now supposes himself entitled to be relieved therefrom because the document proved to be different from what he thought. The fact that shortly before the execution of the instrument he had been fraudulently induced to sign, with a co-maker, a similar paper to same payee, taken by the same agent of the payee, who committed the fraud, in a transaction having no connection with the one under consideration, was not admissible in…
2Cited by6 opinions
- Cartwright v. BralySupreme Court of Alabama · 1928
- United States Fidelity & Guaranty Co. v. SlifkinDistrict Court, N.D. Alabama · 1961
- Johnson v. DaySupreme Court of Alabama · 1935
- Alosi v. Birmingham Water Works Co.Alabama Court of Appeals · 1911
- Blackwood v. StandridgeSupreme Court of Alabama · 1924
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