Bogan v. McCutchen
Supreme Court of Alabama
Appeal from tbe City Court of Montgomery. . Tried before Hon. John D. Cunningham, This was an action of assumpsit by MeCutchen against Bogan to recover the amount of an account against him for boarding his hack-drivers from June 1st, 1870, to April, 1871. There was some testimony tending to show that the parties made an agreement in January, 1870, to the effect that Bogan was to pass McCutchen’s family and any packages he might send, and stop his hacks and passengers at…
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Appeal from tbe City Court of Montgomery. . Tried before Hon. John D. Cunningham, This was an action of assumpsit by MeCutchen against Bogan to recover the amount of an account against him for boarding his hack-drivers from June 1st, 1870, to April, 1871. There was some testimony tending to show that the parties made an agreement in January, 1870, to the effect that Bogan was to pass McCutchen’s family and any packages he might send, and stop his hacks and passengers at Mc-Cutchen’s hotel, and in consideration of this, Bogan’s hack drivers were to be boarded free of charge. The plaintiff…
1Opinion of the CourtPeck, C. J.
The plaintiff below, MeCntehen, was improperly permitted to prove the contents of the appellant’s letter to his agent at Wetumpka, Oliver, by the oral examination of the witness Gillem. It was secondary evidence, and should not have been admitted, against the defendant’s objection, until it was first shown that the primary evidence, the letter itself, could not be obtained, Without this, it did not appear to be the best evidence the nature of the case' admitted of. The witness was the carrier of the letter, but could not remember whether he delivered the same to the person to whom it was…
2Cited by8 opinions
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- Crabtree v. StreetSupreme Court of Alabama · 1918
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