Goodwin v. McCoy
Supreme Court of Alabama
Error to the Circuit Court of Dallas. Before the Hon. E. Pickens. Assumpsit on a bill of exchange by the defendant in error against the plaintiff in error. The defendant pleaded seve-' ral special pleas, to which the plaintiff demurred, and the-court sustained his demurrer. Upon the trial, as appears from a bill of exceptions, the defeiident proved the bill in suit was made and dated-in Mobile, and handed to one Haynes, in blank, to enable him to purchase bagging and rope.
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Error to the Circuit Court of Dallas. Before the Hon. E. Pickens. Assumpsit on a bill of exchange by the defendant in error against the plaintiff in error. The defendant pleaded seve-' ral special pleas, to which the plaintiff demurred, and the-court sustained his demurrer. Upon the trial, as appears from a bill of exceptions, the defeiident proved the bill in suit was made and dated-in Mobile, and handed to one Haynes, in blank, to enable him to purchase bagging and rope. That he purchased a quantity of bagging and rope from the plaintiff, for the payment of which he executed his notes, and…
1Opinion of the CourtChilton, J.
Several decisions of this court are conclusive to show, that when a person entrusts another with his blank signature, to be filled up for a particular sum, or to be used in a particular manner, and it is filled up with a greater sum, or is used in a different mode than that contemplated, the paper, nevertheless, in the hands of a bona fide *277holder, may be recovered upon. See authorities cited in Decatur Bank v. Spence, 9 Ala. R. 800. The second plea to which a demurrer was sustained, is evidently defective, as it does not aver any knowledge on the part of the holder of the paper, of the…
2Cases cited4 opinions
- Bank of Columbia Ex Rel. Bank of United States v. LawrenceSupreme Court of the United States · 1828
- McKenzie v. JacksonSupreme Court of Alabama · 1842
- Williams v. WhitingMassachusetts Supreme Judicial Court · 1814
- McMurtrie v. JonesU.S. Circuit Court for the District of Pennsylvania · 1813
3Cited by4 opinions
- Nelson v. BondurantSupreme Court of Alabama · 1855
- Fail v. McArthurSupreme Court of Alabama · 1857
- Sacred Heart Church Building Committee v. MansonSupreme Court of Alabama · 1919
- Sacred Heart Church Building Committee v. MansonSupreme Court of Alabama · 1919