Landrum v. Brookshire
Supreme Court of Alabama
This was an action of assumpsit, brought by Brook-shire, executor of Branson, in Clarke Circuit Court, against Landrum, on a note, of which the following is a copy: &200. Ninety days after date, we, Jesse Landrum as principal, and John D, Lowry and N. Branson as securities, promise jointly and severally, to pay to the President, Directors and Company of the Tombeckbe Bank, or order, two hundred dollars, payable and negotiable at said Bank, for value received, this 7th Mav,…
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This was an action of assumpsit, brought by Brook-shire, executor of Branson, in Clarke Circuit Court, against Landrum, on a note, of which the following is a copy: &200. Ninety days after date, we, Jesse Landrum as principal, and John D, Lowry and N. Branson as securities, promise jointly and severally, to pay to the President, Directors and Company of the Tombeckbe Bank, or order, two hundred dollars, payable and negotiable at said Bank, for value received, this 7th Mav, 1819. J. B. LANDRUM, Seal. J. D. LOWRY, Seal. N. BRANSON, Seal. The plaintiff filed a declaration containing the common…
1Opinion of the Court
JUDGE GAYLE
delivered the opinion of the Court.
The declaration in this case contains only the common money counts. In support of the action, the defendant in error produced the note, which was the only evidence offered. It was objected to by the plaintiff in error, but the Court decided that the note being in possession of the security or his administrator, it was prhna facie evidence it had been paid by him. This decision is now assigned as error in this Court. It is the opinion of the Court, that the defendant should not have been put on his proof till it was shewn that the note had been…
2Cited by1 opinion
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