Jones v. Rives
Supreme Court of Alabama
Writ of error to the Circuit Court of Greene county. Action of assumpsit on a promissory note. THE declaration alleges that the defendant and one Calvin Jones, being merchants and partners in trade, under the name and firm of C. Jones & Co., made their promissory note, &c.
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Writ of error to the Circuit Court of Greene county. Action of assumpsit on a promissory note. THE declaration alleges that the defendant and one Calvin Jones, being merchants and partners in trade, under the name and firm of C. Jones & Co., made their promissory note, &c. The defendant pleaded, 1. Non assumpsit. 2. That ho never made the note sued on, nor ever author-íised any one to make it for him, and that the same is not his promissory note. 3. The same as the second, with the additional averment, that the note sued on was made by Jones for his own private and personal debt, and the same…
1Opinion of the CourtGoldthwaite, J.
1. It is very probable that the Circuit Court excluded the note from the jury, under the impression that the plaintiff was required, under the issues submitted, to shew the precise nature of the consideration for which the note was given.- We apprehend it to be perfectly clear, that a defendant cannot, by any mode of pleading, compel the plaintiff to such a course. Certainly a promissory note imports a consideration as muchas a sealed instrument; and where its consideration is denied, it rests with the defendant to shew affirmatively that it has none.
It is not perceived that the case of a…
2Cases cited3 opinions
- Vallett v. ParkerNew York Supreme Court · 1831
- Doty v. BatesNew York Supreme Court · 1814
- Gilbert v. BellMassachusetts Supreme Judicial Court · 1818
3Cited by2 opinions
- Porter v. PorterSupreme Court of Alabama · 1942
- State v. WatsonSupreme Judicial Court of Maine · 1873