Lewis v. Post
Supreme Court of Alabama
Writ of error to the Circuit Court of Montgomery County. POST & Main declared against Lewis in an action of assumpsit on a promissory note, described as having been made by the defendant, by the name of Lewis & Barry.
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Writ of error to the Circuit Court of Montgomery County. POST & Main declared against Lewis in an action of assumpsit on a promissory note, described as having been made by the defendant, by the name of Lewis & Barry. In addition to non assumpsit and other matters of defence, the defendant pleaded a special plea, which asserts that the note declared on, is not his act and deed, he having signed the name of Lewis & .Barry as the agent, and at the request of a firm of that name, in which one William F. Lewis is the partner. Issues were joined on all the pleas; and the cause was submitted to a…
1Opinion of the CourtGoldthwaite, J.
— 1. The first question arising from ■the exceptions taken at the trial, relates to the letters and entries *69shown to be written by the defendant. A, detailed examination of these is not necessary, because we consider all of them, to be prima facie admissible, from the conceded fact, that each was written by the defendant. If any portion-of this evidence was liable to exception, the attention, of the Circuit Court ought to have been called to the precise point which made its exclusion proper, because the adverse party might, in that event, have obviated the exception by other evidence, or…
2Cases cited1 opinion
- M'Veaugh v. GoodsSupreme Court of Pennsylvania · 1781
3Cited by14 opinions
- United States Fidelity & Guaranty Co. v. MillonasSupreme Court of Alabama · 1921
- Nelson v. IversonSupreme Court of Alabama · 1850
- Sparks v. StateSupreme Court of Alabama · 1953
- Bigham v. StateSupreme Court of Alabama · 1919
- Peoples Shoe Co. v. SkallySupreme Court of Alabama · 1916
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