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32 Ala. 499

Morris v. Varner

Supreme Court of Alabama

Decided January 15, 1858

Supreme Court of Alabama · decided 1858-01-15

[ACTION ON PROMISSORY NOTE — PLEA, NON EST EACTDM.] Appeal from tbe Circuit Court of Marengo. Tried before tbe Hon. E. W. Pettus. This action was brought by John Yarner against William Monis, and was founded on the defendant’s promissory note for $265, payable on the 1st January, 1854, and dated the 29th-r, 1852. The only plea was non est factum, on which issue was joined.

Relies on Catlin, Peeples & Co. v. Gilders · Knapp v. McBride

Good law ✅— No negative treatment on recordhow we know

Decided 1858-01-15

How this case has been cited

Cited by 4 later decisions — most recently January 1925

4 state decisions

2018581860187018801890190019101920decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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WARNER, J.

¶1When the issue of fact is on the plea of non est factum, the question of the execution of the note sued upon is for the jury. It is not requisite to the admission of the note in evidence, that a prima-facie case of the genuineness of the defendant’s signature should be made out. It is sufficient that evidence should be shown to the court, conducing to prove the affirmative of the issue, which it would be proper for the jury to consider. Whenever there is, prima facie, any reason for sending the note to the jury, it should be suffered to go to them. There is, prima facie, such reason, when there is evidence tending to show the genuineness of the. signature, which it would be proper for the jury to consider. — 1 Greenleaf *500on Evidence, (8th edition,) 68, § 49; Catlin, Peeples & Co. v. Gilder, 3 Ala. 536; Note to Knapp v. McBride & Norman, 7 Ala. 19. There was evidence conducing to show the execution of the note by the defendant, which it was proper for the jury to consider, when the note was admitted, and the court did not err in permitting it to go to the jury in connection with that evidence.

¶2The judgment of the circuit court is affirmed.

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