Sawyer's Adm'r v. Patterson
Supreme Court of Alabama
Writ of Error to the Circuit Court of Talladega. This was an action of assumpsit at the suit of the defendant in error, as the assignee of a promissory note, made by the intestate and one Drury Sawyer, (who is not sued,) on the 25th April, 1838, for the payment of the sum of $800 to Robert C. Wilson on the 25th December, 1838. The cause was tried on the pleas of non-assumpsit, payment, and set-oif.
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Writ of Error to the Circuit Court of Talladega. This was an action of assumpsit at the suit of the defendant in error, as the assignee of a promissory note, made by the intestate and one Drury Sawyer, (who is not sued,) on the 25th April, 1838, for the payment of the sum of $800 to Robert C. Wilson on the 25th December, 1838. The cause was tried on the pleas of non-assumpsit, payment, and set-oif. Upon the trial, the plaintiff excepted to the ruling of the court, and a bill of exceptions was sealed which presents the following points: 1. The plaintiff read to the jury the note, on which was…
1Opinion of the CourtCollier, C. J.
In Riggs v. Andrews & Co. 8 Ala. R. 628, it was held to be unnecessary to fill up^, blank indorsement, even when the description in the d*r|^SraMon is, that the note was indorsed to the plaintiff. Andcts v. Keyset, 1 Stewt. Rep. 154, it was decided that wTiere the plaintiff produces a note payable to himself, he is presumed to be *527the owner of it, though it appears to have been indorsed by him to another person.
The cause in which Bradford recovered a judgment against the intestate, upon the note on which the present action is brought, was before this court at a previous term. [6 Ala. Rep.…
2Cases cited5 opinions
- Sawyer v. BradfordSupreme Court of Alabama · 1844
- Leach v. WilliamsSupreme Court of Alabama · 1845
- Caller v. VivianSupreme Court of Alabama · 1846
- Harper v. HowardSupreme Court of Alabama · 1842
- Pyke v. SearcySupreme Court of Alabama · 1836
3Cited by9 opinions
- Blackman v. Lehman, Durr & Co.Supreme Court of Alabama · 1879
- Anderson v. StateAlabama Court of Appeals · 1950
- Lake-side Land Co. v. DromgooleSupreme Court of Alabama · 1889
- Berney v. Steiner Bros.Supreme Court of Alabama · 1895
- Charlotte, Columbia & Augusta Railroad v. GowSupreme Court of Georgia · 1877
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