Penney v. McCauley
Alabama Court of Appeals
Appear from Morgan Circuit Court. Heard before Hon. Marvin West, Special Judge. Action by Charles S. McCauley against J. E. Penney on a due bill. From a judgment for plaintiff, defendant appeals.
Read the full summary
Appear from Morgan Circuit Court. Heard before Hon. Marvin West, Special Judge. Action by Charles S. McCauley against J. E. Penney on a due bill. From a judgment for plaintiff, defendant appeals. The witness Kent was examined by interrogatories, and objections were interposed to tbe fourth cross-interrogatory: “Isn’t it a fact that Charles S. McCauley asked you in the presence of Thomas L. Jones, and also in the presence of A. E. Martin, in the city of Huntsville, Ala., on or about the 6th day of October, 1909, to state, if you remembered a conversation between him and J. E. Penney in the…
1Opinion of the CourtPelham, J.
A duebill, given by the appellant to the appellee, is the foundation of the suit brought in the trial court. The appellee having declared on the duebill, appellant pleaded the general issue, payment, and two special pleas, setting up a subsequent and separate agreement in satisfaction and settlement of the claim evidenced by the duebill.
The evidence was in direct conflict as to .the parties having entered into the subsequent agreement, and the testimony of the appellee, McCauley, on this proposition being material to the issues made under the pleading, charge No. 4, requested in writing by…
2Cases cited7 opinions
- Ala. Great Southern Railroad v. FrazierSupreme Court of Alabama · 1890
- McClellan v. StateSupreme Court of Alabama · 1897
- Jackson v. StateSupreme Court of Alabama · 1910
- Southern Cotton Oil Co. v. WalkerSupreme Court of Alabama · 1909
- Williamson Iron Co. v. McQueenSupreme Court of Alabama · 1906
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Sims v. StruthersSupreme Court of Alabama · 1957
- McCalley v. PenneySupreme Court of Alabama · 1914
- Crawford v. StateAlabama Court of Appeals · 1941
- Aycock v. Schwartzchild & Sulzsberger Co. of AmericaAlabama Court of Appeals · 1912
- Sims v. StruthersSupreme Court of Alabama · 1957