Herndon ex rel. Woodward v. Taylor
Supreme Court of Alabama
Wmt of error to the county court of Benton county. Assumpsit by Herndon, for the use of Woodward, against Taylor, on a promissory note by him payable to Herndon. At the trial, the note was offered in evidence; but, it appearing from an indorsement upon it, to have been assigned by Herndon to one Smith, and by him to one Francis, the note was excluded from the jury, on motion of the defendant.
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Wmt of error to the county court of Benton county. Assumpsit by Herndon, for the use of Woodward, against Taylor, on a promissory note by him payable to Herndon. At the trial, the note was offered in evidence; but, it appearing from an indorsement upon it, to have been assigned by Herndon to one Smith, and by him to one Francis, the note was excluded from the jury, on motion of the defendant. The plaintiff here assigns this as error. cited Pitts v. Keyset', 1 Stewart, 154; Dugan v. United States, 3 Wheat. 182; Evans v. Gordon, 8 Porter, 142; Grigsby v, Nance, 3 Ala. Rep. N. S. 347.
1Opinion of the CourtGoldthwaite, J.
The note was improperly excluded in this case; and, even if it had been before the jury, would not have warranted an inference that the plaintiff was not entitled to sue. When a note is in the possession of one who appears to have previously transferred it, the legal presumption is, that it has been regularly returned to him. [Pitts v. Keyser, 1 Stewart, 154; Dugan v. United States, 3 Wheat, 182.] This is a presumption merely, which may be repelled by showing the legal interest to be with the party who is shown on the note as its assignee. If the person, for whose use this suit is instituted,…
2Cases cited1 opinion
- Pitts v. KeyserSupreme Court of Alabama · 1827
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