Penney v. Grant
Alabama Court of Appeals
Appeal from Circuit Court, Jefferson County; C. B. Smith, Judge. Assumpsit on account by J. A. Grant against J. E. Penney. Judgment for plaintiff, and defendant appeals.
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Appeal from Circuit Court, Jefferson County; C. B. Smith, Judge. Assumpsit on account by J. A. Grant against J. E. Penney. Judgment for plaintiff, and defendant appeals. The following charge was refused to defendant: (5) The jury may look to the fact, if it be a fact, that Penney was entitled to credit for the draft of $172.50, and to the further fact that no credit was allowed for such amount in determining what weight the jury will attach to the books and accounts of plaintiff offered in- evidence. The other facts sufficiently appear.
1Opinion of the CourtSamford, J.
[1, 2] Charge 5, as requested by defendant, was argumentative, and gave undue prominence to a particular fact, and for these reasons was properly refused. Gilmore v. State, 126 Ala. 21, 28 South. 595; Brantley v. State, 91 Ala. 47, 8 South. 816.
[3, 4] The second, third, fourth, fifth, and sixth -assignments of error are based upon the court’s refusal to give, at the request of defendant, the general affirmative charge.
The basis of this suit is an account between the parties, extending over a series of years. This account contains over 500 items of debit and many items of credit, as shown by…
2Cases cited11 opinions
- Louisville & Nashville Railroad v. Sullivan Timber Co.Supreme Court of Alabama · 1899
- Cleere v. CleereSupreme Court of Alabama · 1886
- Oliver v. HerronSupreme Court of Alabama · 1894
- Sowell v. Bank of BrewtonSupreme Court of Alabama · 1898
- Stegall v. WrightSupreme Court of Alabama · 1904
6 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- New York Life Ins. Co. v. TurnerSupreme Court of Alabama · 1923
- Alabama Fuel & Iron Co. v. CoursonAlabama Court of Appeals · 1924
- Kalevas v. FergusonSupreme Court of Alabama · 1927
- Golden v. StateAlabama Court of Appeals · 1958
- Golden v. StateAlabama Court of Appeals · 1958