Beeson v. Lippman
Supreme Court of Alabama
Appeal from City Court of Eufaula. Tried before Hon. E. M. Keils. Jacob Lippman & Bro. brought suit, on the 23d day of October, 1873, against Beeson to recover the amount of a bill of exchange drawn by them on him, and accepted by him on the 18th of April, 1873, payable to their order ninety days after date. On issue joined on plea of payment and the general issue there was a verdict for plaintiffs.
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Appeal from City Court of Eufaula. Tried before Hon. E. M. Keils. Jacob Lippman & Bro. brought suit, on the 23d day of October, 1873, against Beeson to recover the amount of a bill of exchange drawn by them on him, and accepted by him on the 18th of April, 1873, payable to their order ninety days after date. On issue joined on plea of payment and the general issue there was a verdict for plaintiffs. On the trial, plaintiffs offered to read the bill as evidence to the jury; but it appearing that it was indorsed in blank by having the name of plaintiffs written across the back, the defendant…
1Opinion of the CourtManning, J.
The counsel for defendant below was mistaken in supposing that the mere indorsement by a payee of his name upon a bill of exchange, remaining in blank on it when introduced in evidence on an action upon the bill, proves, of itself, that the legal title was not in the payee.
This action was commenced after the passage of the act of April 18th, 1873, requiring suits on bills of exchange or promissory notes to be brought in the name of the persons having the legal title.
Even if the indorsement had been a full one to some third person, it would be presumed when the bill was found after-*277wards in…
2Cases cited3 opinions
- Evans v. GordonSupreme Court of Alabama · 1838
- Pitts v. KeyserSupreme Court of Alabama · 1827
- Earbee v. WolfeSupreme Court of Alabama · 1839
3Cited by4 opinions
- Texas Land & Cattle Co. v. Carroll & IlerTexas Supreme Court · 1885
- Middleton v. GriffithSupreme Court of New Jersey · 1894
- Barton v. PochylaCourt of Appeals of Texas · 1922
- Anderson v. Milburn Wagon Co.Court of Appeals of Texas · 1912