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Report of Cases Argued and Determined in the Supreme Court of Alabama (76)

Report of Cases Argued and Determined in the Supreme Court of Alabama (76)


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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1845 edition. Excerpt: ...view which we have been able to take of the case, we think the paper was correctly admitted to probate, as the last will of the deceased, and the judgment of the Court below is therefore affirmed. 1. Where a suit is brought in the name of the payee of a promissory note, for the use ofu third person, to whom it appears to have been regularly indorsed, the form of the action is an acknowledgment that the indorsee is the proprietor of the pa. per, and the suit cannot be supported by the payee. 2. It will be intended that the payee and indorsee ofa promissory note is the same person, where the only difference in the names, is, the insertion of the initial of a middle name in the iudorsement. 3. It was decided in this State, at an early day, and such has been the continuous practice, that the Court cannot order the plaintiff to be nonsuit against his consent, and whenever he submits his case to a jury he must be understood to in. sist upon a verdict: it is consequently erroneous to coerce n nonsuit, though the plaintiff's proof may have been insufficient, and he has not been prejudiced thereby. Writ of error to the County Court of Coosa. Tnrs was an action of assumpsit, at the suit of the plaintiff in error, on a promissory note. The cause was tried on the plea of non-assumpsit, payment and set off. On the trial, the plaintiff excepted to the ruling of the Court. It is shown by the bill of exceptions, that the plaintiff offered in evidence a note of the following tenor, viz: " One day after date, I pro On which is the following iudorsement-" Mr. Richard Stewart, you will please pay the within note to James R. Powell. October 8, 1842. Iavmr: P. Husr.'_'_ The defendant objected to the admissibility of the note, because it...


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Product Details
  • ISBN-13: 9781151869708
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 388
  • Spine Width: 20 mm
  • Width: 189 mm
  • ISBN-10: 1151869708
  • Publisher Date: 01 Apr 2013
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 689 gr


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