Birch v. Tillotson
Supreme Court of Alabama
Error to the Circuit Court of Mobile. Tried before the Hon. John Bragg. 1. The plaintiff had the right to fill up the endorsement of Crawford & Gandy to himself, and being in blank, it has the same legal effect as if filled up, and the defendant could not prove property in the assignee of Crawford & Son, without a sworn plea. See 10 Ala. Rep. 817, and the numerous cases there cited, decided by this court; 9 Port. 309; 14 Ala.
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Error to the Circuit Court of Mobile. Tried before the Hon. John Bragg. 1. The plaintiff had the right to fill up the endorsement of Crawford & Gandy to himself, and being in blank, it has the same legal effect as if filled up, and the defendant could not prove property in the assignee of Crawford & Son, without a sworn plea. See 10 Ala. Rep. 817, and the numerous cases there cited, decided by this court; 9 Port. 309; 14 Ala. R. 619. 2. The plaintiff showed a clear legal titile through the endorsements, and the defendant could not show a right in a third person, unless he shows some offset or…
1Opinion of the CourtChilton, J.
This was an action of assumpsit upon a promissory note made by defendant to James Crawford & Son, endorsed by the payees to Crawford & Gandy, and by Ihe latter endorsed in blank. The pleas were non-assumpsit, payment, and set off Upon the trial the defendant was allowed to prove, against the plaintiff’s objection, that the payees of the note, James Crawford & Son, had 1aken the benefit of the bankrupt law; that the note now sued on was embraced in the assets rendered in by them and turned over to the assignee in bankruptcy, and that it was sold by him on the 19th January 1846, and purchased…
2Cited by2 opinions
- Camack v. BisquaySupreme Court of Alabama · 1850
- Lynn v. KellySupreme Court of Alabama · 1920