Tyree v. Lyon, Murphy & Co.
Supreme Court of Alabama
Action on Promissory Note — Plea non est factum. Appeal from the Circuit Court of Mobile County. Tried before Hon. H. T. Toulmin. This was an action on a promissory note signed by Lyon, Murphy & Co., a partnership composed of Lyon, Murphy and H. H. Smith, and payable to appellant Tyree. There was a judgment by default against Lyon, but Smith and Murphy pleaded non est factum.
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Action on Promissory Note — Plea non est factum. Appeal from the Circuit Court of Mobile County. Tried before Hon. H. T. Toulmin. This was an action on a promissory note signed by Lyon, Murphy & Co., a partnership composed of Lyon, Murphy and H. H. Smith, and payable to appellant Tyree. There was a judgment by default against Lyon, but Smith and Murphy pleaded non est factum. On the trial, it was shown that Tyree lent five thousand dollars to the firm of Smith, Lyon & Co., which was composed of Wm. A. Smith and said Lyon, and took their promissory note for the amount. The note was twice…
1Opinion of the Court
BRICKELL, O. J.
— The promissory note on which suit is founded having been given in renewal of a note given for the debt of Smith, Lyon &Co., of which partnership the defendants Smith and Murphy were not members, the burthen of proving their assent to the making of the note by Lyon rested on the plaintiff. — Mauldin v. Br. Bank of Mobile, 2 Ala. 503. The assent may have been express, or it may be implied or inferred from circumstances. The mere silence, however, of Murphy, upon being informed of the existence of the note after it was made, was not contractual, had in it no element of estoppel,…
2Cases cited1 opinion
- Mauldin v. Branch Bank at MobileSupreme Court of Alabama · 1841
3Cited by6 opinions
- DeArman v. StateSupreme Court of Alabama · 1882
- Alabama Gold Life Insurance v. Mobile Mutual InsuranceSupreme Court of Alabama · 1886
- Pollak v. DavidsonSupreme Court of Alabama · 1888
- Moseley v. Commercial State BankSupreme Court of Alabama · 1984
- Lewis v. Isbell National BankSupreme Court of Alabama · 1916
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