Smyth v. Strader, Perrine & Co.
Supreme Court of Alabama
Error to the Circuit court of Mobile. Assumpsit on note, tried before Harris, J. This was an action of assumpsit, brought by the plaintiff in error against the defendants, as makers of a promissory note, negotiable and payable at the Rank of Mobile. The note sued on, purports to have been made by the defendants, as partners, to E. Stevenson, or order, and by him endorsed to the plaintiff.
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Error to the Circuit court of Mobile. Assumpsit on note, tried before Harris, J. This was an action of assumpsit, brought by the plaintiff in error against the defendants, as makers of a promissory note, negotiable and payable at the Rank of Mobile. The note sued on, purports to have been made by the defendants, as partners, to E. Stevenson, or order, and by him endorsed to the plaintiff. The defendants pleaded— 1. The general issue; 2. A special plea, denying the execution of the note, which was verified by affidavit; 3. A special plea, setting forth that E. Stevenson, the payee and endorser…
1Opinion of the CourtOrmond, J.
The solution of the question presented on the record, will depend on the proper construction of the different acts of the Legislature on this subject.
By the act of eighteen hundred and twelve, which repealed a former act,- (and Which was, in substance, the statute of Anne,) Aik. Dig. 329, sec. 6, it is provided, that “ all bonds, obligations, bills single, promissory notes, and all other writings for the payment of money or any other thing, may be assigned by endorsement, whether the same be made payable to the order or assigns of the obligee or payee, or not; and the assignee may sue in his…
2Cited by6 opinions
- Lacy v. Le BruceSupreme Court of Alabama · 1844
- Murdock v. CaruthersSupreme Court of Alabama · 1852
- Sprague v. ZuntsSupreme Court of Alabama · 1850
- Tipton v. NanceSupreme Court of Alabama · 1842
- Winter v. CoxeSupreme Court of Alabama · 1867
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