Nance v. Lary
Supreme Court of Alabama
Whit of Error to the Circuit Court of Tuskaloosa. This was an action of debt on a bill single, made by the defendant and George N. and Joseph H. Langford, on the 29th of August, 1838, for the payment of one thousand dollars to the plaintiff or bearer, ninety days thereafter. The cause was tried on the plea of non est factum.
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Whit of Error to the Circuit Court of Tuskaloosa. This was an action of debt on a bill single, made by the defendant and George N. and Joseph H. Langford, on the 29th of August, 1838, for the payment of one thousand dollars to the plaintiff or bearer, ninety days thereafter. The cause was tried on the plea of non est factum. The plaintiff excepted to the ruling of the court, by which the evidence adduced by the defendant was adjudged to be admissible, and then demurred to the sufficiency of the evidence to make out the defence. Upon the production of the writing sued on, the defendant…
1Opinion of the CourtCollier, C. J.
It is insisted for the plaintiff that the liability of a person who writes his name on a blank piece of paper, to pay a note or bill written over it, does not depend upon the fact, that the paper has been signed for such purpose, but it rests upon the ground, that by thus signing the paper a third person, without any knowledge of the extent, or want of authority, has been imposed on. We are not aware of any case in which the law on this point has been laid down in terms so latitudinous. Sumner v Parsons, which is cited by Mr. Dane, in his Abridgment, goes further than any other case we have…
2Cases cited2 opinions
- Putnam v. SullivanMassachusetts Supreme Judicial Court · 1808
- Brahan & Atwood v. RaglandSupreme Court of Alabama · 1830
3Cited by18 opinions
- Gibbs v. LinaburyMichigan Supreme Court · 1871
- Walker v. EbertWisconsin Supreme Court · 1871
- Cline v. GuthrieIndiana Supreme Court · 1873
- Roberts v. HallSupreme Court of Connecticut · 1870
- First National Bank of Grand Haven v. ZeimsSupreme Court of Iowa · 1894
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