Eufaula National Bank v. Passmore
Supreme Court of Alabama
Appeal from the Chancery Court of Barbour. Heard before the Hon. Jere N. Williams. The Eufaula National Bank sued out an attachment against Brooks Bros., a mercantile partnership, and the same was levied on their stock of goods.
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Appeal from the Chancery Court of Barbour. Heard before the Hon. Jere N. Williams. The Eufaula National Bank sued out an attachment against Brooks Bros., a mercantile partnership, and the same was levied on their stock of goods. Subsequently, on March 12, J. Pollock & Co., who were beneficiaries under a deed of assignment executed by Brooks Bros, after the levy of the attachment, filed a bill in the chancery court, and prayed to have an injunction against the sale of the stock of goods under the attachment, and for the appointment of a receiver. The bill admitted the validity of the claim of…
1Opinion of the CourtStone, C. J.
Ordinarily the burden of proving payment is on the party pleading it. But when a receipt in writing is given by the creditor, fairly importing that it is in full satisfaction, it becomes prima facie evidence, at least, against him, and though open to explanation or contradiction, the onus of proof rests on him. The receipt given by the appellant expresses that the sum received was the “amount of claim of Eufaula National Bank in matter of suit v. Brooks Bros.” and certain costs the appellant had advanced.
The contention now is, that Brooks Bros, were, by a stipulation in the notes constituting…
2Cases cited3 opinions
- Smith v. GayleSupreme Court of Alabama · 1877
- Cowan & Co. v. SappSupreme Court of Alabama · 1883
- Carroll v. CorbittSupreme Court of Alabama · 1877
3Cited by7 opinions
- Homewood Dairy Products Co. v. RobinsonSupreme Court of Alabama · 1950
- Hunnicutt Lumber Co. v. Mobile & Ohio R. R.Alabama Court of Appeals · 1911
- Sovereign Camp Woodmen of the World v. WallaceAlabama Court of Appeals · 1918
- Vickery v. BaggettSupreme Court of Alabama · 1924
- Hare v. HareSupreme Court of Alabama · 1916
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