Brown v. Johnson Bros.
Supreme Court of Alabama
Appeal from tlie Circuit Court of Hale. Tried before the Hon. S. II. Spjkott. This was an action brought by the appellees, Johnson Bros., against the appellant, William Brown; and counted upon a promissory note, alleged to have been executed by the defendant William Brown and one Bob Jackson. The defendant pleaded non est faetnin. The averments of this plea are sufficiently stated in the opinion.
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Appeal from tlie Circuit Court of Hale. Tried before the Hon. S. II. Spjkott. This was an action brought by the appellees, Johnson Bros., against the appellant, William Brown; and counted upon a promissory note, alleged to have been executed by the defendant William Brown and one Bob Jackson. The defendant pleaded non est faetnin. The averments of this plea are sufficiently stated in the opinion. To this plea the plaintiffs demurred upon the ground that the plea shows on its face that the alteration complained of was not a material alteration. The court sustained this demurrer, and the ruling…
1Opinion of the CourtIiabalbon, J.
The plea of defendant on which the case was tried, and a demurrer to which was sustained, presents the only question for review. The plea of non est factum set up that William Brown, the defendant, gave to Johnson Bros., the plaintiffs, the note sued on against him alone, for $99.99, and after its execution and delivery to the plaintiffs, without the consent or authority of defendant, they caused or procured the note to be signed by one Bob Jackson, as a co-maker Avitli defendant of said instrument; that at the time, defendant executed'’and delivered the note sued on, he Avas the sole maker…
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