Payne v. Long
Supreme Court of Alabama
Appeal from the Circuit Court of Walker. Tried before the Hon. James J. Banks. ; . 'This suit was ón a promissory note and Was brought by .'F. M. Payne against B. M. Long. Payne dying during the progress of the suit, bis executor, E. W. Payne, was nlade party plaintiff.
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Appeal from the Circuit Court of Walker. Tried before the Hon. James J. Banks. ; . 'This suit was ón a promissory note and Was brought by .'F. M. Payne against B. M. Long. Payne dying during the progress of the suit, bis executor, E. W. Payne, was nlade party plaintiff. The principal defence was the alteration of the note by the plaintiff without the knowledge or' consent of the defendant. ' The plaintiff offered in evidence without objection parts of a deposition taken in chancery suit between the same parties and involving the same 'subj’ect matter as that of the pending suit. The defendant…
1Opinion of the CourtHaralson, J.
— 1. The defendant pleaded four pleas, numbered 1, 2, 4 and 5, upon which, and upon the replications to the 4th and 5th, the case was tried. The 1st was the general issue, the 2d, payment, and the 4th and 5th set up an alleged alteration in the note sued *389on. Tbe plaintiff moved, to strike tbe fourth plea, which motion was overruled, and he demurred to it, and the 5th plea, which demurrers were overruled.
The alleged alteration set up in the 4th plea was, that after defendant “signed said note sued on, and before it ° was delivered, the defendant added thereto on the same piece of paper on…
2Cases cited11 opinions
- Montgomery v. CrossthwaitSupreme Court of Alabama · 1890
- Hodges v. DennySupreme Court of Alabama · 1888
- Miller v. Cannon & Co.Supreme Court of Alabama · 1887
- American Union Telegraph Co. v. DaughterySupreme Court of Alabama · 1889
- Neis v. FarquharsonWashington Supreme Court · 1894
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3Cited by12 opinions
- St.Louis & S. F. R. R. v. SuttonSupreme Court of Alabama · 1910
- Tutwiler Coal, Coke & Iron Co. v. NicholsSupreme Court of Alabama · 1905
- Southern Ry. Co. v. LeardSupreme Court of Alabama · 1905
- Payne v. LongSupreme Court of Alabama · 1901
- Grapes v. RocqueSupreme Court of Vermont · 1924
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