Dismukes & Patrick v. Tolson & Barrett
Supreme Court of Alabama
Assumpsit for Goods Sold and Delivered, and on AceovnS Stated. Appeal from Etowah- Circuit Court. Tried before Hon. W. L. Whitlock.
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Assumpsit for Goods Sold and Delivered, and on AceovnS Stated. Appeal from Etowah- Circuit Court. Tried before Hon. W. L. Whitlock. This was an action brought by J. Patrick and J. E. Dismukes, as administrators of the estate of W. B; Gilliland, against J. D. Tolson and J. D. Barrett, partners trading under tbe name and style of Tolson & Barrett, in which they claimed $73.75 as due on account stated between defendants and plaintiff’s intestate, and a like sum for corn sold and delivered to them by said intestate. On the trial the defendants admitted the receipt of the corn; and the value, as…
1Opinion of the Court
SOMERYILLE, J,
— The original entries made by a party himself in his own shop-books, are generally held to be admissible in evidence in his own behalf. But to be admissible, they must have been made in the ordinary course of business, contemporaneously with the facts to which they relate, and by one having personal knowledge of the facts ; and must further be corroborated by the testimony of the party, if living, or by proof of his handwriting, if dead, or insane, or out of the jurisdiction of the court trying the cause Chaffee v. United States, 18 Wall. 516; 1 Greenl. §§ 118-120; Union Bank…
2Cases cited5 opinions
- Chaffee & Co. v. United StatesSupreme Court of the United States · 1874
- Kumpe v. CoonsSupreme Court of Alabama · 1879
- Key v. JonesSupreme Court of Alabama · 1875
- Alabama Gold Life Insurance v. SledgeSupreme Court of Alabama · 1878
- Avery's Executors v. AverySupreme Court of Alabama · 1873
3Cited by24 opinions
- First National Bank v. ChaffinSupreme Court of Alabama · 1897
- Keel v. LarkinSupreme Court of Alabama · 1882
- Warten v. BlackSupreme Court of Alabama · 1915
- Miller v. Cannon & Co.Supreme Court of Alabama · 1887
- Bibb v. HunterSupreme Court of Alabama · 1885
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