Bryant v. Owen
Supreme Court of Alabama
.Error from Tuscaloosa Circuit Court — Before the Ho». A. Crenshaw. This was an action of debt on a promissory note, payable to one Bobinett, or bearer. There was a general demurred to the declaration, which was overruled. i The defendant then pleaded— 1st. That Owen was not the legal holder of the note. 2d. Nil debet — Payment and off set. On these pleadings there was a verdict for the plaintiff Owen.
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.Error from Tuscaloosa Circuit Court — Before the Ho». A. Crenshaw. This was an action of debt on a promissory note, payable to one Bobinett, or bearer. There was a general demurred to the declaration, which was overruled. i The defendant then pleaded— 1st. That Owen was not the legal holder of the note. 2d. Nil debet — Payment and off set. On these pleadings there was a verdict for the plaintiff Owen. The points involving the present decision in this cause, came before the court on a bill of exceptions, which show the . following .facts. The court charged the jury on the trial in the court…
1Opinion of the Court
By Mr. Justice Saffold :
This was an action of debt, brought by Owen as bearer, against Bryant as maker, of a promissory note; payable to A. Robinett, or bearer. The defendant below, pleaded that Owen, the plaintiff, was not the legal holder of the note ; also nil debet, payment, and set off — on which the plaintiff joined issue ; and on trial in the Circuit Court, obtained a verdict for the amount of the note.
The questions presented for revision’, arise out of exceptions to the opinion of the court, taken on the trial.
1. That the court charged the jury, that before the defendant could hvail…
2Cases cited7 opinions
- Bullard v. BellU.S. Circuit Court for the District of New Hampshire · 1817
- Gilmore v. PopeMassachusetts Supreme Judicial Court · 1809
- Yates v. FootCourt for the Trial of Impeachments and Correction of Errors · 1814
- Gunn v. CantineNew York Supreme Court · 1813
- Mauran v. LambNew York Supreme Court · 1827
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Hunnicutt v. HigginbothamSupreme Court of Alabama · 1903
- Lewis v. PeckSupreme Court of Alabama · 1846
- Bancroft v. PaineSupreme Court of Alabama · 1849