Legal Opinion

Wimberly v. Dallas

Supreme Court of Alabama

Decided January 15, 1875PublishedCited by 18 opinions

Appeal from Circuit Court of Sumter. Tried before Hon. Luther R. Smith.

1Opinion of the CourtBrickell, C. J.

As maker or indorser of a promissory note, or other contract in writing for the payment of money, a person may become liable, by any signature he thinks proper to adopt. It is not material whether he uses initials, or a mark, or any other designation, if his intention is to bind himself. Brown v. Butchers' Drovers' Bank, 6 Hill, 443.

At common law, when a written instrument was the foundation of suit, if by a proper plea the execution of the instrument was put in issue, the plaintiff was bound to prove that the defendant, or some one acting by his authority, actually signed the instrument. The…

2Cases cited6 opinions

  1. Ala. Coal Mining Co. v. BrainardSupreme Court of Alabama · 1860
  2. McWhorter v. LewisSupreme Court of Alabama · 1842
  3. Stone v. GoverSupreme Court of Alabama · 1840
  4. Fowlkes & Co. v. Baldwin, Kent & Co.Supreme Court of Alabama · 1841
  5. Flowers v. BittingSupreme Court of Alabama · 1871

1 more not listed; retrieve them via the Exa API.

3Cited by18 opinions

  1. Jackson v. TribbleSupreme Court of Alabama · 1908
  2. Bickley v. Keenan & Co.Supreme Court of Alabama · 1877
  3. Ledbetter & Co. v. VintonSupreme Court of Alabama · 1895
  4. Mobile & Montgomery Railway Co. v. GilmerSupreme Court of Alabama · 1888
  5. Tuskaloosa Cotton-Seed Oil Co. v. PerrySupreme Court of Alabama · 1887

13 more not listed; retrieve them via the Exa API.

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