Anniston Pipe Works v. Mary Pratt Furnace Co.
Supreme Court of Alabama
Appeal from the City Court of Anniston. Tried before the Hon. B. F. Oassady. This action was brought by the Mary Pratt Furnace Company, a private corporation, against the Anniston Pipe Works, another private corporation, and was founded on a bond, or promissory note under seal, to which the defendant’s name was signed, “by W. L. McOaa, sec. and treas.”
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Appeal from the City Court of Anniston. Tried before the Hon. B. F. Oassady. This action was brought by the Mary Pratt Furnace Company, a private corporation, against the Anniston Pipe Works, another private corporation, and was founded on a bond, or promissory note under seal, to which the defendant’s name was signed, “by W. L. McOaa, sec. and treas.” The note, which was set out in the complaint, was dated Sept. 1st, 1890, and payable four months after date, to the order of the plaintiff, at the First National Bank of Anniston. The defendant pleaded “the general issue,” and issue was joined…
1Opinion of the CourtMcCLELLAN, J.
— To a recovery on a bill or promissory note it is only necessary for the plaintiff to prove such of the indorsements as carry the title into him. All others may be pretermitted in averment, and, of course, in the evidence. 2 Greenl. Ev. § 166. If the paper, though indorsed and transferred, gets back into the hands of the payee, the presumption is that he has paid the sum evidenced by it to the indorsee, and thus become prima facie again the legal owner. — Dugon v. United States, 3 Wheat. 172 ; Herndon v. Taylor, 6 Ala. 461; Tuskaloosa Cotton Seed Oil Co. v. Perry, 85 Ala. 158. And upon such…
2Cases cited5 opinions
- Dugan v. United StatesSupreme Court of the United States · 1818
- Pinney v. McGregoryMassachusetts Supreme Judicial Court · 1869
- Tuskaloosa Cotton-Seed Oil Co. v. PerrySupreme Court of Alabama · 1887
- Jones v. Ritter's Adm'rSupreme Court of Alabama · 1876
- Herndon ex rel. Woodward v. TaylorSupreme Court of Alabama · 1844
3Cited by5 opinions
- Capitol Hill State Bank v. Rawlins National BankWyoming Supreme Court · 1916
- Berney v. Steiner Bros.Supreme Court of Alabama · 1895
- Van Marel v. WatsonArizona Supreme Court · 1925
- Vermont Evaporator Co. v. TaftSupreme Court of Vermont · 1935
- Jefferson County Savings Bank v. Interstate Savings BankAlabama Court of Appeals · 1912