Himes Supply Co. v. Parker
Supreme Court of Alabama
Appeal from Bessemer City Court... Heard before.Hon. William Jackson. Action by the Himes Supply Company against Henry Parker. Judgment for defendant, and plaintiff appeal. The judgment was valid legal consideration for the note, and entitled the plaintiff to the affirmative charge as against the plea of want of consideration. — McLane v. Miller, 10 Ala. 856; Breiver v. Branch Bank, 24 Ala. 439. Counsel discusses other assignments of error but without citation of authority.
1Opinion of the CourtDens'On, J.
— This action is founded upon a promissory note executed by the defendant to the plaintiff. It was commenced before a justice of the peace, from a judgment by default rendered by the justice the defendant carried the cause by certiorari to the city court of Bessemer. In the city court three defenses were interposed by as many separate pleas. The first of the pleas was non est factum, which placed the burden of proof upon the plaintiff to show that the note was executed by the defendant. That burden was fully met by the proof; there being no conflict in the evidence upon the question. The…
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