Moore v. Holdoway & Co.
Supreme Court of Alabama
Appeal from tlie Circuit Court of Jefferson. Tried before the Hon. A. A. Coleman.* This action was brought by the appellees, E. Holdoway & Company, against the appellant, John J. Moore. The facts of the case are sufficiently stated in the opinion. The appeal is prosecuted from a judgment, in favor of the plaintiffs.
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Appeal from tlie Circuit Court of Jefferson. Tried before the Hon. A. A. Coleman.* This action was brought by the appellees, E. Holdoway & Company, against the appellant, John J. Moore. The facts of the case are sufficiently stated in the opinion. The appeal is prosecuted from a judgment, in favor of the plaintiffs. In an action ' on an account stated a verified account- is inadmissible as evidence. — Vomer cG Co. v. Way cG Edmonson, 107 Ala. 300. A verified account mentioned in section 1804 of Code is applicable to an open account and not a stated ac-Loren thal v. Morris, 103 Ala. 332';…
1Opinion of the CourtHaralson, J.
The plaintiff claims of the defendant “thirty six dollars due from defendant by ac*450count stated between plaintiff and defendant on, to-wit, December Lltli, 1895, for six volumes of Encyclopedia .Brittanica and American Supplement, which plaintiff sold to defendant upon his written request and order dated, -to-wit, December 5th, 1.895, at the agreed price of six dollars per volume.”
On the complaint was indorsed: “The account on which the suit is brought is verified by affidavit of the plaintiff, E. Holdoway, who is a non-resident, residing in St. Louis, Mo.”
The pleas were no.n-assum.psii-,…
2Cases cited2 opinions
- Comer & Co. v. Way & EdmundsonSupreme Court of Alabama · 1894
- Loventhal & Son v. MorrisSupreme Court of Alabama · 1893
3Cited by7 opinions
- Ellen Gregg Ingalls v. Ingalls Iron Works CompanyCourt of Appeals for the Fifth Circuit · 1958
- Sinclair Refining Co. v. RobertsonSupreme Court of Alabama · 1945
- Yarbrough v. Armour & Co.Alabama Court of Appeals · 1943
- Walker v. Trotter Bros.Supreme Court of Alabama · 1915
- Hanson v. KennadyAlabama Court of Appeals · 1959
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