32 Ala. 719 | Ala. | 1858
We do not feel called upon to decide the question, whether a lust note or bond can be so endorsed or assigned as to vest the legal title in another. Under the Code, (§ 2129,) “ every action -.founded upon a promissory note, bond, or other contract, express or implied, for the payment of money, must be prosecuted in the
The paper called an assignment was properly admitted in evidence. It tended to show the plaintiff’s ownership of the demand.
The charges asked are easily disposed of. None of them ought to have been given. The fifth, which was given with a qualification, was too favorable to/defendant. In the absence of the bond, the plaintiff certainly could not recover, until he laid the predicate, by preliminary proof to the court of the loss or destruction of the bond, and then proved its execution and contents. Doing this, however, the law did not require him to prove that it had not been paid. This, in most eases, would be an impossibility.
Judgment of the city court affirmed.