Sneed v. Sabinal Mining & Milling Co.
Court of Appeals for the Seventh Circuit
On Petition for Rehearing. This was an action of assumpsit by John It. Sneed against the Sabinal Mining & Milling Company to recover upon a promissory note in the sum of $7,000, which he held as indorsee. The case was tried to the court without a jury, and a special finding of facts was made, and judgment given for defendant. The plaintiff sued out a writ of eyror to this court, which, on January 6, j.896, rendered an opinion affirming the judgment below.
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On Petition for Rehearing. This was an action of assumpsit by John It. Sneed against the Sabinal Mining & Milling Company to recover upon a promissory note in the sum of $7,000, which he held as indorsee. The case was tried to the court without a jury, and a special finding of facts was made, and judgment given for defendant. The plaintiff sued out a writ of eyror to this court, which, on January 6, j.896, rendered an opinion affirming the judgment below. See 18 C. C. A. 213, 71 Fed. 493, where the special findings an; set out in the statement of the case. The case is now heard ou a petition…
1Opinion of the Court
WOODS, Circuit Judge.
This petition proceeds upon a misapprehension in respect to the burden of proof. It is true, as stated, that the burden to show the invalidity of the noli; rested upon the defendant; but, once it was shown that tlie name of the payee *926had been changed without the consent or authority of the maker of the note, the defense was established, and the burden was upon the plaintiff to show, if possible, that the alteration had been ratified, or for other reason was not available as a defense.- It is found that some of the directors were present in the room where the note was…
2Cases cited1 opinion
- Wesson v. Saline CountyCourt of Appeals for the Seventh Circuit · 1896
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- Evans v. KisterCourt of Appeals for the Sixth Circuit · 1899
- Daube v. Philadelphia & R. Coal & Iron Co.Court of Appeals for the Seventh Circuit · 1897
- International Bank of Coalgate v. Mullen MullenSupreme Court of Oklahoma · 1911
- Austin v. Hamilton CountyCourt of Appeals for the Seventh Circuit · 1896
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