Hauerwas v. Goodloe
Supreme Court of Alabama
Appeal from the District Court of Lauderdale. Tried before the PIou. W. P. Chitwood. This was an action brought by J. C. Goodloe, as receiver of the Florence National Bank, against J. A. Hauerwas, Louis Levin and Osworth Breuss ; and was founded on a promissory note.
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Appeal from the District Court of Lauderdale. Tried before the PIou. W. P. Chitwood. This was an action brought by J. C. Goodloe, as receiver of the Florence National Bank, against J. A. Hauerwas, Louis Levin and Osworth Breuss ; and was founded on a promissory note. The defendants, by special plea, setup the defense that the plaintiff was a banker doing business in the State of Alabama, and that it discounted said note at a greater rate of interest than 8 per cent, in violation' of the penal statutes of Alabama. To this special plea the plaintiff demurred on the ground that the plaintiff was…
1Opinion of the Court
STONE, 0. J.
The note sued on is copied in the bill of exceptions. It is dated March 15, 1891, which was a Sunday. The presumption is that it bears its true date ; and the burden of overcoming that presumption rests on him who asserts the contrary. In other words, it was on the plaintiff to prove that it was executed on a day which *165was not Sunday. — Dodson v. Harris, 10 Ala. 566; Aldridge v. Br. Bank, 17 Ala. 45; Burns v. Moore, 76 Ala. 339. If executed on Sunday it could not be the subject of a recovery .
As a general rule witnesses can only testify to facts within their knowledge. They can…
2Cases cited3 opinions
- Dodson v. HarrisSupreme Court of Alabama · 1846
- Burns & Co. v. Moore & McGeeSupreme Court of Alabama · 1884
- Aldridge v. Br. BankSupreme Court of Alabama · 1849
3Cited by9 opinions
- Formby v. WilliamsSupreme Court of Alabama · 1919
- Nelson v. BrownSupreme Court of Alabama · 1910
- People v. CampbellMichigan Supreme Court · 1910
- Williams v. ArmstrongSupreme Court of Alabama · 1900
- C. D. Chapman & Co. v. CulliferAlabama Court of Appeals · 1929
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