Thompson v. Armstrong
Supreme Court of Alabama
Error to the Circuit Court of Butler. Assumpsit by the defendant in error for the use of John Sntlif, on a promissory note, for one thousand dollars, payable to Andrew Armstrong, cashier, or bearer, negotiable and payable at. the Branch Bank at Mobile, and purporting to be made by Benjamin Fuller, the plaintiff in error, and George H. Patillo. Fuller and Patillo not being served with process, the action as to them was discontinued.
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Error to the Circuit Court of Butler. Assumpsit by the defendant in error for the use of John Sntlif, on a promissory note, for one thousand dollars, payable to Andrew Armstrong, cashier, or bearer, negotiable and payable at. the Branch Bank at Mobile, and purporting to be made by Benjamin Fuller, the plaintiff in error, and George H. Patillo. Fuller and Patillo not being served with process, the action as to them was discontinued. The defendant pleaded non est factum, and the general issue. Upon the trial, the plaintiff introduced the note, and evidence tending to prove the genuineness of…
1Opinion of the CourtOrmond, J.
— This note being payable in Bank is by the statute made a commercial instrument and to be governed by the rules of the law merchant. The general rule is that mercantile paper in the hands of the holder, imports a consideration passing between the original parties. When, however, this presumption is repelled, and it is shown that the instrument is made without consideration, or has been fraudulently or improperly put into circulation, the holder will be required to prove that he gave value for the note, or bill, and that he acquired it before it was due, or he cannot recover. [Chitty on…
2Cases cited2 opinions
- Wallace v. Branch BankSupreme Court of Alabama · 1840
- Marston v. ForwardSupreme Court of Alabama · 1843
3Cited by5 opinions
- Elmore County Bank v. AvantSupreme Court of Alabama · 1914
- McKenzie v. Branch BankSupreme Court of Alabama · 1856
- Boyd v. McIvorSupreme Court of Alabama · 1847
- Pearson v. HoweSupreme Court of Alabama · 1847
- Fontaine v. GunterSupreme Court of Alabama · 1857