McGowan v. Collins
Supreme Court of Alabama
Appeal from Marion Circuit Court. Heard before Hon. C. P. Almon. Action by Thomas J. McGowan against A. T. Collins. From a judgment for defendant, plaintiff appeals. Section 1, Code 1896, does not change the common law, so as to invalídale instruments evidencing contracts not required by statute to be in writing, although signed by mark without a witness. — Pent on o.
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Appeal from Marion Circuit Court. Heard before Hon. C. P. Almon. Action by Thomas J. McGowan against A. T. Collins. From a judgment for defendant, plaintiff appeals. Section 1, Code 1896, does not change the common law, so as to invalídale instruments evidencing contracts not required by statute to be in writing, although signed by mark without a witness. — Pent on o. Williams, 48 South. 212. The term, signature, includes the mark of the person who is unable to write his name. — G-illis v. OiUis, 23 S. E. 107; Terry v. Johnson, 60 S. W. 300; Zhaoharie v. Franklin, 37 U. S. 191. Illiterant…
1Opinion of the CourtMcCLELLAN, J.
The only question presented and argued here is: Is a promissory note validly executed by an intended payor, who cannot write his name, by the affixing thereunto by him of an X-mark, between an initial of his name and his surname; his initials and surname being written by the payee, and the name of the subscribing witness, who could not write his name, being also written by the payee? Section 1 of the Code of 1896 is appealed to as defining that “signature” or “subscription” includes “mark,” when a person cannot write his name.
It was expressly held, as, indeed, the section itself declares, in…
2Cases cited7 opinions
- Bickley v. Keenan & Co.Supreme Court of Alabama · 1877
- Carlisle, Jones & Co. v. CampbellSupreme Court of Alabama · 1884
- Johnson & Co. v. DavisSupreme Court of Alabama · 1891
- Ballow v. CollinsSupreme Court of Alabama · 1903
- Murphy v. St. Louis Coffin Co.Supreme Court of Alabama · 1907
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Dawkins v. PetteysSupreme Court of Arkansas · 1915
- Barksdale v. BullingtonSupreme Court of Alabama · 1915
- Bromberg v. McArdleSupreme Court of Alabama · 1911
- Nashville, C. & St. L. Ry. v. NanceSupreme Court of Alabama · 1924
- Lessley v. StateAlabama Court of Appeals · 1922
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