Sayre v. Lucas
Supreme Court of Alabama
In an action of debt, in Montgomery Circuit Court,. W. Sayre declared against W. B. Lucas, on a specialty, relying on his title there to as bearer — , Lucas craved oyer of the instrument and demubredj on the ground that such an instrument was not transferable by delivery, so as to enable the bearer to maintain an action in his own name.
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In an action of debt, in Montgomery Circuit Court,. W. Sayre declared against W. B. Lucas, on a specialty, relying on his title there to as bearer — , Lucas craved oyer of the instrument and demubredj on the ground that such an instrument was not transferable by delivery, so as to enable the bearer to maintain an action in his own name. The instruments set out on oyer was as follows: “$354 20. On or before the thirtieth day of December 1825, we or'either of us promise to pay Jonathan Battelle and George Wilkinson, agents of the Alabama Company, or bearer, the sum of three hunderd and…
1Opinion of the Court
By JUDGE CRENSHAW.
The only question to be decided is, whether the bearer, who is not the obligee *260named in the writing obligatory or single bill, can maintain an action in his own name, against the obligor?
On this question there has been heretofore a diversity of opinion, and it affords us some satisfaction that a case now occurs in which the practice can be settled by a legal adjudication..
I did believe that it had been settled by the decision in the case of Howell and Smith v. Hallett,a when this question was directly before the Court. In that cáse the declaration stated that the defendants,…
2Cited by5 opinions
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- Ex Parte First Nat. Bank of OzarkSupreme Court of Alabama · 1924
- Muse v. DantzlerSupreme Court of Alabama · 1888
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