Mobile Life Insurance v. Egger
Supreme Court of Alabama
Action on Common Counts, with a Count on a Special Contract. Appeal from Mobile Circuit Court. Tried before Hon. H. T. Toulmin. This was an action brought by John Egger against the Mobile Life Insurance Company. The complaint contained the common counts, and a special count on a contract between plaintiff and defendant, the terms of which are given below. The defendant pleaded “in short by consent” — 1. The general issue; 2. Payment; 3. Set-off.
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Action on Common Counts, with a Count on a Special Contract. Appeal from Mobile Circuit Court. Tried before Hon. H. T. Toulmin. This was an action brought by John Egger against the Mobile Life Insurance Company. The complaint contained the common counts, and a special count on a contract between plaintiff and defendant, the terms of which are given below. The defendant pleaded “in short by consent” — 1. The general issue; 2. Payment; 3. Set-off. Before the trial the defendant notified plaintiff’s attorneys to produce on the trial of the cause the letters received in answer to several letters…
1Opinion of the CourtStone, J.
— The Circuit Court did not err in suppressing parts of the depositions of the witnesses Griffin and" Pierson. The answers suppressed were not given on knowledge, but were simply statements by the witnesses of what the books contain. They are not legal evidence. — Crawford v. Br. Bank Mobile, 8 Ala. 79; Weeden, Adm’r Acklen v. Hickman, at last term.
*138The defendant had, before the trial, served notice on the plaintiff to produce on the trial “the letters received in answer to several letters written by A. C. Pickens, Esq., for and in behalf of Mr. John Egger to the North America Life Insurance…
2Cases cited1 opinion
- Crawford v. Branch Bank at MobileSupreme Court of Alabama · 1845
3Cited by1 opinion
- Hanna v. IngramSupreme Court of Alabama · 1890