Sowell v. Bank of Brewton
Supreme Court of Alabama
Appeal from Escambia Circuit Court. Tried before Hou. J. R. Tyson. The Bank of Brewton brought suit against D. S. Sowell, J. F. McDavid, F. L. McCawley, and G. W. Emmons,- on a promissory - note for $40.00 of- date September 26, 1896, purporting to be signed by defendants, payable to the order of J.' C. Emley, and indorsed as follows : “Pay to the order of Bank of Brewton, without recourse. J. C. Emley. By W. J. Jenkins, Atty.”
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Appeal from Escambia Circuit Court. Tried before Hou. J. R. Tyson. The Bank of Brewton brought suit against D. S. Sowell, J. F. McDavid, F. L. McCawley, and G. W. Emmons,- on a promissory - note for $40.00 of- date September 26, 1896, purporting to be signed by defendants, payable to the order of J.' C. Emley, and indorsed as follows : “Pay to the order of Bank of Brewton, without recourse. J. C. Emley. By W. J. Jenkins, Atty.” The note was witnessed by T. J. Donald and W. J. Jenkins. - The defendants interposed a plea of non est factum. The plaintiff introduced in evidence the deposition of…
1Opinion of the CourtBrickell, C. J.
1. The objections taken in varied forms to the "examination of Jenkins, one of the subscribing -witnesses to the note, to prove its execution, without first calling, or accounting for the absence of *95the other subscribing Avitness,, were properly OArerruled. It is noAV the settled doctrine as to deeds or other instru-. ments operating inter vivos, requiring the attestation of witnesses, to call one of the subscribing Avitnesses, though the other may be attainable, and if he proves execution, to admit the instrument in evidence. — 1 Greenl. Ev., §569; 1 Whart. Ev., §729; Melchor v. Flanders, 40…
2Cases cited5 opinions
- Whilden & Sons v. Merchants' & Planters' National BankSupreme Court of Alabama · 1879
- McCreary v. TurkSupreme Court of Alabama · 1856
- Bean v. PearsallSupreme Court of Alabama · 1847
- Cannon v. BullockSupreme Court of Georgia · 1858
- Governor v. GeeSupreme Court of Alabama · 1851
3Cited by15 opinions
- Mutual Building & Loan Ass'n v. WatsonSupreme Court of Alabama · 1933
- Steele v. StateSupreme Court of Alabama · 1909
- New York Life Ins. Co. v. TurnerSupreme Court of Alabama · 1923
- Alabama Lumber Co. v. CrossSupreme Court of Alabama · 1907
- Hill v. CondonAlabama Court of Appeals · 1915
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