Hunt v. Stewart
Supreme Court of Alabama
Writ of error to the County Court of Coosa. This was an action of assumpsit, at the suit of the plaintiff in error, on a promissory note. The cause was tried on the plea of non-assumpsit, payment and set off. On the trial, the plaintiff excepted to the ruling of the Court.
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Writ of error to the County Court of Coosa. This was an action of assumpsit, at the suit of the plaintiff in error, on a promissory note. The cause was tried on the plea of non-assumpsit, payment and set off. On the trial, the plaintiff excepted to the ruling of the Court. It is shown by the bill of exceptions, that the plaintiff offered in evidence a note of the following tenor, viz: “ One day afterdate, I promise to pay Irvine Hunt, two hundred and fifteen dollars, this 21st of March, IS42. Richard Stewart.” On which is the following indorsement — “Mr. Richard Stewart, you will please pay…
1Opinion of the CourtCollier, C. J.
— In Pitts v. Keyser, 1 Stewt. Rep. 182, the plaintiff declared on a promissory note on which he was the payee, but on adducing it as evidence to the jury, it appeared that he had made an indorsement thereon in full, to a third person. The defendant objected that the right of action was in the indorsee, but the Court refused thus to instruct the jury. This Court affirmed the judgment,saying that it would be pre*527sumed that the property in the paper was in the payee, although it had been indorsed to another person; that it would be intended that the indorsement was made to facilitate the…
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