Moore v. Maxwell & Delhomme
Supreme Court of Alabama
Assumpsit. Appeal from Mobile Law and Equity Court. Heard before Hon. Sapfold Berney. Action on an account stated by Maxwell & Delbomme against Terry L. Moore. From a judgment for plaintiffs, defendant appeals.
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Assumpsit. Appeal from Mobile Law and Equity Court. Heard before Hon. Sapfold Berney. Action on an account stated by Maxwell & Delbomme against Terry L. Moore. From a judgment for plaintiffs, defendant appeals. When a witness testifies to a fact as of bis own knowledge and then states facts that show his testimony is hearsay, his testimony should he stricken out on motion. — 9 Ency. of Evi. 36; 11 A. & E. Ency. of Law, 520. Where a count is based upon a stated account and there is no evidence whatever as to the fact that an account was stated between the parties, or their duly authorized…
1Opinion of the CourtAnderson, J.
In order to create a stated account there must not only be a meeting of the minds as to correctness of the statement, but there must be a promise *301by tbe debtor, express or implied, for tbe payment of same. 1 Am. & Eng. Ency. of Law, 437; 1 Cyc. 364. An account becomes stated only when a specified indebtedness is admitted to be due from tbe debtor to tbe creditor. — Loventhal v. Morris, 103 Ala. 335, 15 South. 672. Tbe mere admission that tbe items of an account are correctly stated is not sufficient, unless it appears that tbe debtor expressly or impliedly agreed to pay it. — Ryan v. Gross.…
2Cases cited2 opinions
- Goldstein v. LeakeSupreme Court of Alabama · 1903
- Ryan v. GrossSupreme Court of Alabama · 1872
3Cited by8 opinions
- Morris v. StateAlabama Court of Appeals · 1933
- Ellen Gregg Ingalls v. Ingalls Iron Works CompanyCourt of Appeals for the Fifth Circuit · 1958
- Sinclair Refining Co. v. RobertsonSupreme Court of Alabama · 1945
- Lane v. National Insurance AgencyOregon Supreme Court · 1934
- Walker v. Trotter Bros.Supreme Court of Alabama · 1915
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