Winter v. Pool
Supreme Court of Alabama
Appeal from the Circuit Court of Montgomery. Tried before the Hon. John R. Tyson. This was an action brought by the appellants, Winter & Loeb, a partnership doing business in the city of Montgomery, against James A. Pool; and counted upon a promissory note executed by the defendant, and which had been purchased by the plaintiffs. The defendant filed a special plea of non est, factum, which was properly sworn to.
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Appeal from the Circuit Court of Montgomery. Tried before the Hon. John R. Tyson. This was an action brought by the appellants, Winter & Loeb, a partnership doing business in the city of Montgomery, against James A. Pool; and counted upon a promissory note executed by the defendant, and which had been purchased by the plaintiffs. The defendant filed a special plea of non est, factum, which was properly sworn to. The facts of the case, as to the alteration of the note, are substantially the same on this appeal, as they were on the former appeal, and found reported in the 100 Alabama, 504. The…
1Opinion of the Court
HARALSON, J. —
1. On the former appeal in this case, we held, that the alleged alteration of the note sued on was a material one, in that it converted a non-negotiable into a negotiable note ; that if altered in the manner alleged, prima facie, no recovery could be had on it; that upon proof that the paper had been altered, the burden would be cast upon the plaintiff to overcome its presumed invalidity; that this he might do, by showing that the alteration was made by the consent of the promisor, or by a stranger having no interest in it, and without such proof, no recovery'could be had upon…
2Cases cited5 opinions
- Angle v. North-Western Mutual Life InsuranceSupreme Court of the United States · 1876
- Montgomery v. CrossthwaitSupreme Court of Alabama · 1890
- Young & Son v. Lehman, Durr & Co.Supreme Court of Alabama · 1879
- Toomer, Sykes & Billups v. RutlandSupreme Court of Alabama · 1876
- Davis v. CarlisleSupreme Court of Alabama · 1844
3Cited by9 opinions
- National Exchange Bank v. LesterNew York Court of Appeals · 1909
- Holmes v. Bank of Fort GainesSupreme Court of Alabama · 1898
- Johnston v. HooverSupreme Court of Iowa · 1908
- Moore v. First Nat. Bank of BirminghamSupreme Court of Alabama · 1924
- Foutch v. Alexandria Bank & Trust Co.Tennessee Supreme Court · 1941
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