Berney v. Steiner Bros.
Supreme Court of Alabama
Appeal from Birmingham City Court. , Tried before Hon. H. A. Shaepe. This was an action by appellees against appellant on a promissory note.
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Appeal from Birmingham City Court. , Tried before Hon. H. A. Shaepe. This was an action by appellees against appellant on a promissory note. The complaint is as follows : “The plaintiffs claim of defendant the sum of two thousand dollars and interest due by a certain promissory note made by the defendant at Birmingham, Ala., on the 5th day of September 1893., and payable to the order of defendant, the maker thereof, on the 5th day of December 1893, at the Steiner Bros’. Bank in said city. The said note was duly indorsed by defendant to the plaintiffs. Plaintiffs aver that said'note with…
1Opinion of the CourtHaralson, J.
It seems to be well settled generally that the possession and production by the plaintiff of a note sued on, with the blank endorsement of defendant, who is the maker, payee and endorser of the same, is prima facie evidence of his ownership of the note ; and in the absence of rebutting proof, shows his right to maintain the action in his own name. Lakeside Land Company v. Dromgoole, 89 Ala. 505. This rule, it was said in the case cited, may be regarded as settled ill this State; that “it was held, more than fifty years ago, that a blank endorsement vests the note in the holder, if the owner,…
2Cases cited11 opinions
- Goodman v. WalkerSupreme Court of Alabama · 1857
- Eaton v. . AlgerNew York Court of Appeals · 1872
- Tuskaloosa Cotton-Seed Oil Co. v. PerrySupreme Court of Alabama · 1887
- Lake-side Land Co. v. DromgooleSupreme Court of Alabama · 1889
- Sawyer's Adm'r v. PattersonSupreme Court of Alabama · 1847
6 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Continental Casualty Co. v. BrawnerSupreme Court of Alabama · 1933
- Thomas v. Wells Fargo Bank, N.A.Court of Civil Appeals of Alabama · 2012
- Dawsey v. KirvenSupreme Court of Alabama · 1919
- Ensley Lumber Co. v. LewisSupreme Court of Alabama · 1898
- Coats v. Mutual Alliance Trust Co.Supreme Court of Alabama · 1911
7 more not listed; retrieve them via the Exa API.