Winter & Loeb v. Pool
Supreme Court of Alabama
Appeal from the Circuit Court of Montgomery. Tried before the Hon. John P. Hubbard. This was an action brought by the appellants, Winter & Loeb, a partnership doing business in the city of Montgomery, against the appellee, James A. Pool; and counted on a promissory note. There was judgment for the defendant, and plaintiff appeals. The defendant pleaded twn est factum, and his plea was duly sworn to.
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Appeal from the Circuit Court of Montgomery. Tried before the Hon. John P. Hubbard. This was an action brought by the appellants, Winter & Loeb, a partnership doing business in the city of Montgomery, against the appellee, James A. Pool; and counted on a promissory note. There was judgment for the defendant, and plaintiff appeals. The defendant pleaded twn est factum, and his plea was duly sworn to. On the trial of the cause, as is shown by the bill of exceptions, the plaintiff offered in evidence' the note which was the basis of the suit. This note is as follows: “Montgomery Co., State of…
1Opinion of the CourtStone, C. J.
When a note, after its execution and delivery, has been altered in a material part, prima facie no recovery can be had upon it. Upon proof that the paper has been so altered, the burden is cast on the plaintiff to' overcome the presumed invalidity of the paper—this prima facie intendment. This he may do by showing that the alteration was made with the consent of the promissor, or that it was made by a stranger having no interest in it. Unless such proof is made no recovery can be had.—Anderson v. Bellinger, 87 Ala. 334; Montgomery v. Crossthwait, 90 Ala. *505553; 1 Amer. & Eng. Encyc. of Law,…
2Cases cited10 opinions
- Montgomery v. CrossthwaitSupreme Court of Alabama · 1890
- Rosser v. Bunn & TimberlakeSupreme Court of Alabama · 1880
- Alabama Great Southern R. R. v. ArnoldSupreme Court of Alabama · 1887
- Mudge v. TreatSupreme Court of Alabama · 1876
- Anderson v. Bellenger & RallsSupreme Court of Alabama · 1888
5 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Richardson v. StephensSupreme Court of Alabama · 1896
- Central of Georgia Railway Co. v. GrossSupreme Court of Alabama · 1914
- Carter v. ShugarmanSupreme Court of Alabama · 1916
- Moore v. WilliamsonSupreme Court of Alabama · 1923
- Jones v. ShomakerSupreme Court of Florida · 1899
8 more not listed; retrieve them via the Exa API.