Decatur Bank v. Spence
Supreme Court of Alabama
Error to the Comity Court of Morgan. Motion by the Bank against the defendant, on a note for $4,355 91, made by N. Scales, as principal, and the defendant and another as sureties. An issue being made up between the parties, and submitted to a jury, evidence was introduced tending to show, that the note sued upon was signed by the defendant, the amount to be paid being left blank.
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Error to the Comity Court of Morgan. Motion by the Bank against the defendant, on a note for $4,355 91, made by N. Scales, as principal, and the defendant and another as sureties. An issue being made up between the parties, and submitted to a jury, evidence was introduced tending to show, that the note sued upon was signed by the defendant, the amount to be paid being left blank. That it was signed with the agreement, between Scales, the principal, and. the defendant, that it should be filled up with the sum of $2,000. That it was taken to the bank by Scales, and filled up by the discount…
1Opinion of the CourtOrmond, J.
It has frequently been held by this, as well as other courts, that when one intrusts another with his signature to a note in blank, upon an agreement between them, that it is to be filled up with a certain amount, or to be used in a particular mode, and this contract is violated, either by the insertion of a larger amount, or by using the instrument *802in a way not contemplated by the party signing it, if the person receiving it is ignorant of the fraud which has been committed, and gives a valuable consideration for the paper, he may recover upon it. This principle has been so frequently…
2Cases cited4 opinions
- Nance v. LarySupreme Court of Alabama · 1843
- Herbert v. HuieSupreme Court of Alabama · 1840
- Huntington v. Branch Bank at MobileSupreme Court of Alabama · 1841
- Roberts v. AdamsSupreme Court of Alabama · 1838
3Cited by2 opinions
- Johnston Harvester Co v. McLeanWisconsin Supreme Court · 1883
- Frazier v. GainsTennessee Supreme Court · 1872