Wooten v. Federal Discount Co.
Alabama Court of Appeals
Assumpsit. Appeal from Coffee Circuit Court. Heard before Hon. IT. A. Pearce. Assumpsit by tlie Federal Discount Company against J. S. Wooten. Judgment for plaintiff and defendant appeals. The court erred in permitting the acceptances to be admitted in evidence in view of the plea of non est factum. — Section 3967, Code 1907; Kirksey v; Kirksey, 41 Ala. 642; Bonner v. Young, 68 Ala. 35; Ledbetter v, Vinton, 1.08 Ala. 644; Ala.
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Assumpsit. Appeal from Coffee Circuit Court. Heard before Hon. IT. A. Pearce. Assumpsit by tlie Federal Discount Company against J. S. Wooten. Judgment for plaintiff and defendant appeals. The court erred in permitting the acceptances to be admitted in evidence in view of the plea of non est factum. — Section 3967, Code 1907; Kirksey v; Kirksey, 41 Ala. 642; Bonner v. Young, 68 Ala. 35; Ledbetter v, Vinton, 1.08 Ala. 644; Ala. C. M. Go, v. BraAnard, 35 Ala. 476; Dreyspring v. Loeb, 119 Ala. 285. The depositions are not admissible and should have been suppressed because of the insufficiency of…
1Opinion of the CourtPelham, J.
The plaintiff (appellee here) sued in the court below to recover on three acceptances alleged to have been accepted by the defendant in writing and indorsed to the plaintiff before maturity. The defendant filed a sworn plea of non est factum, and the case was tried on the issue tendered by this plea and resulted in a verdict and judgment for the plaintiff.
The - evidence showed that the defendant was engaged in a mercantile business located in a town about three miles from his place of residence in the country, and that his son J. L. Wooten, stayed in the store and lookéd after the interests…
2Cases cited7 opinions
- Town of Vernon v. WedgeworthSupreme Court of Alabama · 1906
- Montgomery Furniture Co. v. HardawaySupreme Court of Alabama · 1893
- Tennessee River Transportation Co. v. Kavanaugh Bros.Supreme Court of Alabama · 1893
- Golding v. Merchant & Co.Supreme Court of Alabama · 1869
- Alston v. MillSupreme Court of Alabama · 1907
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3Cited by3 opinions
- Halle v. BrooksSupreme Court of Alabama · 1923
- Patterson v. WilliamsSupreme Court of Alabama · 1921
- Security Bank Trust Co. of Memphis, Tenn. v. LaneySupreme Court of Alabama · 1926