Fontaine v. Gunter
Supreme Court of Alabama
Appeal from tbe Circuit Court of Montgomery. Tried before tbe Hon. E. W. Pettus. This action was brought by John Eontaine against Charles G. Gunter, and was founded on a bill of exchange for $2500, which purported to be drawn by the defendant on Eontaine & Dent, of Mobile, was dated Montgomery, January 23, 1851, payable twelve months after date, at the Bank of Mobile, and endorsed by J. Moore and Lewis McQueen. The only plea was the general issue.
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Appeal from tbe Circuit Court of Montgomery. Tried before tbe Hon. E. W. Pettus. This action was brought by John Eontaine against Charles G. Gunter, and was founded on a bill of exchange for $2500, which purported to be drawn by the defendant on Eontaine & Dent, of Mobile, was dated Montgomery, January 23, 1851, payable twelve months after date, at the Bank of Mobile, and endorsed by J. Moore and Lewis McQueen. The only plea was the general issue. The bill offered in evidence on the trial was as follows: “Exeh. for $2500. Montgomery, Jctn’y 23d, 1851. Twelve months after date of this only of…
1Opinion of the CourtStone, J.
— It is settled in England, by a well-considered and uniform current of decisions, that any alteration of a bill of exchange, in a material part, by which the liability of the parties to be charged is increased, avoids the instrument, unless it be shown that such alteration was assented to by those parties whoso liability is thereby increased. Further, that if a bill of exchange appear on its face to have been so altered, the onus rests on the person asserting rights under it, of showing that the alteration was made before the bill was executed, or that it was assented to by the parties to be…
2Cases cited6 opinions
- Saltmarsh v. TuthillSupreme Court of Alabama · 1848
- Jackson v. OsbornNew York Supreme Court · 1829
- Dunlap v. RobinsonSupreme Court of Alabama · 1856
- Saltmarsh v. P. & M. BankSupreme Court of Alabama · 1848
- Rankin v. BlackwellNew York Supreme Court · 1801
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Toomer, Sykes & Billups v. RutlandSupreme Court of Alabama · 1876
- Donovan v. GriffinSupreme Court of Alabama · 1972
- Tyree v. RivesSupreme Court of Alabama · 1876