Dew v. Garner
Supreme Court of Alabama
Error to the County court of Greene county. Assumpsit on a promissory note. Plea, non assump-sit. Verdict and judgment for plaintiff. On the trial of the cause, plaintiff offered in evidence a promissory note, given by three makers ; to which defendants objected, on the ground, that the name of Duncan Dew, one of the defendants, was not signed or subscribed to it. It did not appear that the note was ever signed by said Dew, otherwise than from its face.
Read the full summary
Error to the County court of Greene county. Assumpsit on a promissory note. Plea, non assump-sit. Verdict and judgment for plaintiff. On the trial of the cause, plaintiff offered in evidence a promissory note, given by three makers ; to which defendants objected, on the ground, that the name of Duncan Dew, one of the defendants, was not signed or subscribed to it. It did not appear that the note was ever signed by said Dew, otherwise than from its face. It was therefore alleged, that the note offered in evidence, varied from the note described in the declaration but the court overruled the…
1Opinion of the CourtGoldth Waite, J.
— The error which is supposed to exist in this case, arose on the trial, from the refusal of the Court to exclude the note offered in evidence to support the action, because of an alleged variance from that declared on. This note is attached to^the bill of exceptions, and is admitted to correspond with the one described in the declaration, in every particular, except the signature of Duncan Dew, which if really intended for his name, is so badly written as to have little or no resemblance to it. In fact, the most anxious examination has not enabled us to determine what name is designated by…
2Cases cited1 opinion
- Pease v. MorganNew York Supreme Court · 1811
3Cited by4 opinions
- McDougald's Adm'r v. RutherfordSupreme Court of Alabama · 1857
- Savage v. WalsheSupreme Court of Alabama · 1855
- Wimberly v. DallasSupreme Court of Alabama · 1875
- Price v. LavenderSupreme Court of Alabama · 1862