Legal Opinion

McRae v. Kennon

Supreme Court of Alabama

Decided January 15, 1840PublishedCited by 2 opinions

Error to the County Court of Tuscaloosa County. THIS action was brought by the plaintiff in error, as the last endorsee against the defendant in error, as maker of a promissory note.

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Error to the County Court of Tuscaloosa County. THIS action was brought by the plaintiff in error, as the last endorsee against the defendant in error, as maker of a promissory note. On the trial before the jury, the plaintiff introduced one Fuller, who had previously held the note as endorsee, and had endorsed it to the plaintiff, to prove an acknowledgment by the defendant of his liability on the note — which acknowledgment was made on the same day the suit was brought, and after the writ was executed, and moved the court to instruct the jury, that,if they believed, from the evidence, that…

1Opinion of the CourtOrmond, J.

— The charge asked for, should have been given' by the court, as it is fully within the reason, if not the letter of the decision of this court, when the case was last here.

The acknowledgment supposed to be made by the defendant; *296in error, to the witness Fuller, who had once held the note by endorsement, must enure to, and is in effect, an acknowledgment in favor of, the plaintiff in error, who, by the endorsement of Fuller, had become invested with all the interest of Fullerinthe note.

This Very question Was endeavored to be anticipated by this court, when the case was last here. Thus it is…

2Cited by2 opinions

  1. Jordan's Adm'r v. HubbardSupreme Court of Alabama · 1855
  2. Cunkle v. HealdDistrict of Columbia Court of Appeals · 1888

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