Herbert v. Huie
Supreme Court of Alabama
Error to the circuit court of Lowndes County. THE action in the court below was on a promissory note, of which the plaintiff in error was the maker. On the trial below a bill of exceptions was taken, from which it appears that the plaintiff in error signed his name to a blank piece of paper, and handed the same to one John G. Porter, and authorized him to fill it up with the sum of one thousand dollars, payable to some bank in Mobile, but was not indebted to the said Porter.
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Error to the circuit court of Lowndes County. THE action in the court below was on a promissory note, of which the plaintiff in error was the maker. On the trial below a bill of exceptions was taken, from which it appears that the plaintiff in error signed his name to a blank piece of paper, and handed the same to one John G. Porter, and authorized him to fill it up with the sum of one thousand dollars, payable to some bank in Mobile, but was not indebted to the said Porter. This blank was, by Porter & Ryan, handed to the firm of Ross & Ford in Mobile, for the purpose of making a note to be…
1Opinion of the CourtOrmond, J.
— The law is well established, and is admitted by the counsel for the plaintiff in error, that if a note is signed *20in blank and entrusted to another, in the confidence that it shall be filled up for a particular amount, or used in a particular mode, and that confidence is abused by the insertion of a larger amount, or by making an improper use of the instrument, that the instrument will, notwithstanding, be valid, in the hands of a bona fide holder for a valuable consideration.
But it is insisted that the present case is distinguishable from that, because in this instance, the note was not…
2Cases cited1 opinion
- Brahan & Atwood v. RaglandSupreme Court of Alabama · 1830
3Cited by12 opinions
- Williams v. StateSupreme Court of Alabama · 1906
- Scroggins v. Alabama Gas CorporationSupreme Court of Alabama · 1963
- Bessemer Irrigating Co. v. West Pueblo Ditch & Reservoir Co.Supreme Court of Colorado · 1918
- Gaynor v. ClementsSupreme Court of Colorado · 1891
- First National Bank v. DawsonSupreme Court of Alabama · 1884
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