Weaver v. Shropshire
Supreme Court of Alabama
Appeal from the Circuit Court of Dallas. Tried before the Hon. B. F. Saeeold. This action was brought by the appellee as the endorsee of a promissory note against the appellant, the maker of the note, and was commenced on the 24th February, 1866. The note was executed on the 14th May, 1861, payable on the 15th December, 1861, to B. N. Shropshire, for $1,030. As the bill of exceptions states, “this case was tried on the general issue, with leave to give in evidence any matter…
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Appeal from the Circuit Court of Dallas. Tried before the Hon. B. F. Saeeold. This action was brought by the appellee as the endorsee of a promissory note against the appellant, the maker of the note, and was commenced on the 24th February, 1866. The note was executed on the 14th May, 1861, payable on the 15th December, 1861, to B. N. Shropshire, for $1,030. As the bill of exceptions states, “this case was tried on the general issue, with leave to give in evidence any matter which could be pleaded or replied. The plaintiff introduced in evidence, the note sued on, and rested. The defendant…
1Opinion of the CourtByrd, J.
1. It does not appear by the complaint or the evidence, at what time the note was endorsed to appellee, nor whether he was a resident of this State or another, during the late war. If the appellee was a citizen of Alabama during that time, and the note was endorsed to him on the day it was made, then there would be no ground whatever upon which to rest a defense against the interest during the existence of the war. And there being no evidence on this point, the jury were not authorized to infer or presume that appellee was not a resident of this State, or that the note was endorsed by the…
2Cases cited5 opinions
- Rosenbaum v. StateSupreme Court of Alabama · 1859
- Whitworth's Distributees v. OliverSupreme Court of Alabama · 1864
- Hatchett v. GibsonSupreme Court of Alabama · 1848
- Cage & Salter v. PhillipsSupreme Court of Alabama · 1862
- Holloway v. CottenSupreme Court of Alabama · 1859
3Cited by1 opinion
- Mobile & Ohio Railroad v. HesterSupreme Court of Alabama · 1898