Knapp v. McBride
Supreme Court of Alabama
Writ of error to the County Court of Mobile.*' This was an action of Assumpsit, at the suit of the defendant in error, against the plaintiffs, on a promissory note, dated Mobile, 11th June, 1S36, and subscribed thus, “Dunning & Knapp, per H. Dunping,” by which they promised six months after date, “ to pay Wm. D. Primrose, or order, five thousand dollars, for value received, negotiable and payable at the Branch of the Bank of the State of Alabama at Mobile.”
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Writ of error to the County Court of Mobile.*' This was an action of Assumpsit, at the suit of the defendant in error, against the plaintiffs, on a promissory note, dated Mobile, 11th June, 1S36, and subscribed thus, “Dunning & Knapp, per H. Dunping,” by which they promised six months after date, “ to pay Wm. D. Primrose, or order, five thousand dollars, for value received, negotiable and payable at the Branch of the Bank of the State of Alabama at Mobile.” On this note were the indorsements of-the payee and Messrs. Rivers & Hopkins. The defendant pleaded — 1. Non-assumpsit. 2. That neither…
1Opinion of the CourtCollier, C. J.
— -We have considered this case very attentively and are satisfied, that several of the points made at the argument are not presented by the record. The questions assigned for error, arise upon the bill of exceptions, and are 1st. Was the power of attorney and the note on which the action is founded properly received in evidence? 2d. Is the charge of the Judge to the jury erroneous, as stated in the bill of exceptions'.? -
1. Where a defendant by plea, regularly pleaded, denies that he made a promissory note the foundation of an action, it is incumbent on the plaintiff before he can read the…
2Cited by18 opinions
- Woodson v. StateSupreme Court of Alabama · 1910
- Rhodes v. OtisSupreme Court of Alabama · 1859
- Ala. Coal Mining Co. v. BrainardSupreme Court of Alabama · 1860
- Lang's Heirs v. WaringSupreme Court of Alabama · 1850
- Vincent v. MartinSupreme Court of Alabama · 1885
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