Bancroft v. Paine
Supreme Court of Alabama
Error to the Circuit Court of Mobile. Before the Hon. John Bragg. This was an action of assumpsit by defendant, against plaintiff in error, on a promissory note for #250, in favor of George Bancroft, and by him endorsed in blank.
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Error to the Circuit Court of Mobile. Before the Hon. John Bragg. This was an action of assumpsit by defendant, against plaintiff in error, on a promissory note for #250, in favor of George Bancroft, and by him endorsed in blank. The plaintiff in error filed six pleas, the fourth of which is as follows: “ And for further plea, in this behalf, the said defendant says, actio non, fyc., because, he says, that the said promissory note, was not at any time endorsed and delivered to the said Parker Paine, nor had he any equitable or legal interest in the said promissory note, at the time of the…
1Opinion of the CourtCollier, C. J.
1. The act of 1819, “to regulate the proceedings in the courts of law and equity in this state,” enacts, “ when any suit shall be instituted by any person or persons, as assignee or assignees, of any bond or other writing, it shall not be necessary for the plaintiff or plaintiffs, to prove the assignment or assignments, unless the defendant or defendants, shall annex to a plea denying such assignment or assignments, an affidavit, stating that such defendant or defendants, verily believe, that some one or more of such assignments were forged; or make oath to the same effect in open court, at…
2Cases cited10 opinions
- Martin v. DortchSupreme Court of Alabama · 1828
- Sawyer's Adm'r v. PattersonSupreme Court of Alabama · 1847
- Wilson v. HolmesMassachusetts Supreme Judicial Court · 1809
- Fowlkes & Co. v. Baldwin, Kent & Co.Supreme Court of Alabama · 1841
- Moore v. Penn ex rel. Huntsville Branch BankSupreme Court of Alabama · 1843
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3Cited by4 opinions
- Goodman v. WalkerSupreme Court of Alabama · 1857
- Bryan v. WilsonSupreme Court of Alabama · 1855
- Berney v. Steiner Bros.Supreme Court of Alabama · 1895
- Bell v. Mayor and Council of VicksburgSupreme Court of the United States · 1860