Smith Bros. & Co. v. Miller
Supreme Court of Alabama
Assumpsit. Appeal from Marshall Circuit Court. Heard before I-Ion. W. W. Haralson. Action by Smtih Bros. & Co. against J. M. Miller. Judgment for defendant. Plaintiffs appeal. This is an action of debt begun by appellants against appellee. The pleas were the general issue, payment, accord and satisfaction, and set-off. The facts are sufficiently stated in the opinion of the court.
Read the full summary
Assumpsit. Appeal from Marshall Circuit Court. Heard before I-Ion. W. W. Haralson. Action by Smtih Bros. & Co. against J. M. Miller. Judgment for defendant. Plaintiffs appeal. This is an action of debt begun by appellants against appellee. The pleas were the general issue, payment, accord and satisfaction, and set-off. The facts are sufficiently stated in the opinion of the court. The person mentioned as Miller, on the question as to whether the goods were sold to Miller and Aldredge, was not the defendant, but a brother of his. The testimony tended to show, on one aspect of the case, that…
1Opinion of the CourtTyson, C. J.
This action Avas brought to recover $78.80 due by account, resulting in a judgment for defendant. Defendant claimed credit for a bale of cotton which the testimony tends to shoAv Avas delivered by him to the wife of one of the plaintiffs at their home; and it also tended to show that this bale was received by the plaintiffs. Against plaintiff’s objection the receipt given by the wife for the cotton was admitted in evidence. There was no error in this ruling.
Among the items in the account sued on were two for goods sold and delivered to one Aldredge and one Miller. Some of the testimony tended…
2Cases cited1 opinion
- Jaques v. HortonSupreme Court of Alabama · 1884
3Cited by7 opinions
- Shepherd v. Butcher Tool & Hardware Co.Supreme Court of Alabama · 1916
- Day v. AdcockAlabama Court of Appeals · 1914
- J. Zimmern's Co. v. GranadeSupreme Court of Alabama · 1924
- Cameron v. Haas Bros. Packing Co.Alabama Court of Appeals · 1911
- Hogan v. ColleySupreme Court of Alabama · 1933
2 more not listed; retrieve them via the Exa API.