Flowers v. Bitting
Supreme Court of Alabama
Apaeal from the Circuit Court of Barbour. Tried before Hon. H. D. Clayton. The appellee, who was indorsee of a bill of exchange, brought this action against the appellant, who was indorser thereon. The bill was both drawn and indorsed by appellant, who, being unable to write, signed in the usual way by his mark, but there was no attesting witness.
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Apaeal from the Circuit Court of Barbour. Tried before Hon. H. D. Clayton. The appellee, who was indorsee of a bill of exchange, brought this action against the appellant, who was indorser thereon. The bill was both drawn and indorsed by appellant, who, being unable to write, signed in the usual way by his mark, but there was no attesting witness. The bill of exchange was the only evidence offered by the plaintiff, and it was admitted that the sole consideration of the bill was for the purchase of a slave in the year 1860. This being all the evidence, the court, at the request o.f the…
1Opinion of the CourtB. F. Saffold, J.
The bill of exchange, the foundation of the suit, had the appellant’s name signed to it as *449drawer and indorser, by his mark in the usual way, but without an attesting '.witness.
The mark of a person who cannot write is not his signature, unless his name is written near it, and it is witnessed by a person who writes his own name as a witness. —Rev. Code, 1.
The bill above mentioned does not, therefore, purport to .be executed by the party sought to be charged. It rather purports not to be.
There was no evidence of a demand for payment, and notice given of the failure. These were necessary to fix…
2Cases cited2 opinions
- Rives v. ParmleySupreme Court of Alabama · 1850
- Jordan v. BellSupreme Court of Alabama · 1838
3Cited by5 opinions
- Carter v. Long Bros.Supreme Court of Alabama · 1899
- Ingalls Steel Products Co. v. Foster & Creighton Co.Supreme Court of Alabama · 1932
- Bolling & Son v. McKenzieSupreme Court of Alabama · 1889
- Wimberly v. DallasSupreme Court of Alabama · 1875
- Lessley v. StateAlabama Court of Appeals · 1922