Strader, Perrine & Co. v. Alexander
Supreme Court of Alabama
Error to the County court of Mobile'.- Assumpsit on note. In this casej the declaration alleged a two-fold endorsement of the note, and a blank was left for the name of one of the endorsers,- but when the note was produced? all the endorsements were erased except one, and defendant objected to the note, as evidence to support the declaration. Objections Were also made to the’ bill of exceptions, which was signed after the adjournment of the court.
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Error to the County court of Mobile'.- Assumpsit on note. In this casej the declaration alleged a two-fold endorsement of the note, and a blank was left for the name of one of the endorsers,- but when the note was produced? all the endorsements were erased except one, and defendant objected to the note, as evidence to support the declaration. Objections Were also made to the’ bill of exceptions, which was signed after the adjournment of the court. The court below permitted the note to go to the jury as evidence, which was now assigned for error.
1Opinion of the CourtOrmond, J.
The first question to be determined, is,, what are the allegations of the declaration, as shown by the transcript of the record ? After describing the note,- and averring its exe’chtion and’ delivery to E. Stevenson? the payee, it proceeds: “ who afterwards and before the payment thereof, or any part thereof, to wit, on the day *442and year aforesaid, endorsed and delivered the same to -, was on the same day endorsed the said note to Said plaintiffs,- and thereby,” &c.
We -understand this to be an allegation, that the note Was by the payee endorsed to some person whose name is not inserted, and by…
2Cases cited2 opinions
- Walton v. United StatesSupreme Court of the United States · 1824
- Pratt v. MalcolmNew York Supreme Court · 1816
3Cited by2 opinions
- Weir v. HossSupreme Court of Alabama · 1844
- Vicksburg & Meridian R. R. v. RagsdaleMississippi Supreme Court · 1875