Bryant v. Owen
Supreme Court of Alabama
Owen brought an action of debt in Tuskaloosa Circuit court, to recover of Bryant the amount of a promissory note. The note was made payable to one Robbinett; and the defendant, in the course of the trial, offered evidence to show, that Owen, the plaintiff, was not the legal proprietor of the note sued on-; which evidence was rejected by the court.
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Owen brought an action of debt in Tuskaloosa Circuit court, to recover of Bryant the amount of a promissory note. The note was made payable to one Robbinett; and the defendant, in the course of the trial, offered evidence to show, that Owen, the plaintiff, was not the legal proprietor of the note sued on-; which evidence was rejected by the court. The court also rejected the depositions of Robbinett, taken in a previous suit, between different parties, and which were offered as testimony in this cause. On these assignments of error, the case came into this court.
1Opinion of the CourtSaffold, J.
The plaintiff in the Circuit court, who is defendant in error, brought an action of debt, as bearer of a promissory note, payable to A. Robbi-nett, or bearer, against Bryant, as maker. The latter then .pleaded in the following words : “ And the said defendant says, that the said plaintiff is not the *135legal holder of the note declared on.” Defendant farther pleads, nil debet, payment and set-off. On these pleas, the plaintiff, Owen, joined issue, and obtained a verdict for the amount of the note.
From exceptions taken on the trial, it appears—
1. That the defendant proved Robbinett, the payee of…
2Cases cited4 opinions
- Jackson ex dem. Bates v. LawsonNew York Supreme Court · 1818
- Johnson ex rel. Stone v. EnglishSupreme Court of Alabama · 1827
- Pitts v. KeyserSupreme Court of Alabama · 1827
- Todd v. StaffordSupreme Court of Alabama · 1827