Maynard & Co. v. Johnson
Supreme Court of Alabama
Wbit of Error to the Circuit Court of Mobile county. Action of assumpsit on the common counts by Johnson against Maynard & Co. Pleas — non-assumpsit, payment and set-off. At the trial the plaintiff offered in evidence -letters written by the defendants, conducing to show the course of dealing between them, and that in the year 1838, the plaintiff sold to the defendants a stock of drugs, for about two thousand dollars.
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Wbit of Error to the Circuit Court of Mobile county. Action of assumpsit on the common counts by Johnson against Maynard & Co. Pleas — non-assumpsit, payment and set-off. At the trial the plaintiff offered in evidence -letters written by the defendants, conducing to show the course of dealing between them, and that in the year 1838, the plaintiff sold to the defendants a stock of drugs, for about two thousand dollars. Also an account rendered by the defendants to the plaintiff, under date of August, 1838, showing a balance against the defendants of 422 50-100 dollars. The defendants offered…
1Opinion of the CourtGoldthwaite, J.
1. We have several times hold that it is the duty of a Court, when a proper charge is requested, to respond directly to the request; and that the refusal to give an appropriate charge will not be justified by afterwards giving one equally free from error. In the present case the defendants requested the Court to instruct the jury, that the giving of the note by the plaintiff, to the. defendants, created the presumption of a settlement of accounts up to the date of the note, and that this presumption, if unexplained, was evidence of such a settlement. We think the Court should have given this…
2Cited by6 opinions
- Eiland v. StateSupreme Court of Alabama · 1875
- Long v. RodgersSupreme Court of Alabama · 1851
- Phillips v. BeeneSupreme Court of Alabama · 1849
- Yarborough v. MossSupreme Court of Alabama · 1846
- Cole v. SpannSupreme Court of Alabama · 1848
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