Boyd v. McIvor
Supreme Court of Alabama
Writ of Error to the Circuit Court of Macon. Assumpsit by the defendant in error, as indorsee of a note, made by the plaintiffs in error, on the 18th February, 1841, for the payment, on the first February 1843, to Geo. Gold-thwaite, of $400, negotiable and payable at the Branch Bank of Montgomery. The defendants pleaded non-assumpsit, payment, and set off.
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Writ of Error to the Circuit Court of Macon. Assumpsit by the defendant in error, as indorsee of a note, made by the plaintiffs in error, on the 18th February, 1841, for the payment, on the first February 1843, to Geo. Gold-thwaite, of $400, negotiable and payable at the Branch Bank of Montgomery. The defendants pleaded non-assumpsit, payment, and set off. Upon the trial, as appears from a bill of exceptions, the plaintiff offered the note, which was indorsed in blank, by ■the payee, without recourse, and without date. The defendant then proved by a witness, that in the month of February,…
1Opinion of the CourtOrmond, J.
We do not consider it necessary to determine whether such a case as this, is one in which the court would compel the defendant to join in a demurrer to evidence, because, conceding it be such, the court erred in its judgment. We have made the preceding remarks, because it is by analogy to a demurrer to evidence only, that such a charge as the present can be sustained.
No question arises upon this writ of error, of the propriety of the admission of the declarations of R. H. Goldthwaite, that he was the agent of his brother. We must therefore *825consider the fact as proved, that R. H. G. was…
2Cases cited1 opinion
- Thompson v. ArmstrongSupreme Court of Alabama · 1845
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- Saltmarsh v. P. & M. BankSupreme Court of Alabama · 1848
- Ross v. Drinkard's Adm'rSupreme Court of Alabama · 1860
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