Crosswhite v. Chattanooga Brewing Co.
Alabama Court of Appeals
Appeal from Colbert Circuit Court. Heard before Hon. C. P. Almon. Action by the Chattanooga Brewing Company against J. A. Crosswhite in account and account stated. Judgment for plaintiff and defendant appeals.
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Appeal from Colbert Circuit Court. Heard before Hon. C. P. Almon. Action by the Chattanooga Brewing Company against J. A. Crosswhite in account and account stated. Judgment for plaintiff and defendant appeals. The purported exhibits under the circumstances could not properly be regarded as a part of the depositions and were not admissible in evidence for any purpose. — Apfel v. Grane, 83 Ala. 312. Defendant was entitled to state that plaintiff told him over the phone that the full indebtedness was $318.00 since the suit was brought for $464.00.— By. Go. v. Hurt, 101 Ala. 34; G-reenl. on Evid.…
1Opinion of the CourtPelham, J.
The suit was on account and account stated, brought by the appellee against the appellant to recover a balance of about $500, alleged to be due on a running account between the parties, aggregating in the course of their dealings something over $3,500. A judgment based on the finding of a jury, was recovered for the amount sued for.
The appellee, being a nonresident corporation, made proof of the account by. the testimony of nonresident witnesses in the employ of the appellee by talcing their depositions. These depositions were duly and regularly taken and returned into court without…
2Cases cited10 opinions
- Whatley v. StateSupreme Court of Alabama · 1906
- Treadwell v. StateSupreme Court of Alabama · 1909
- McBride v. SullivanSupreme Court of Alabama · 1908
- Potts v. ColemanSupreme Court of Alabama · 1888
- Foster v. StateSupreme Court of Alabama · 1889
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3Cited by3 opinions
- Dentman v. StateSupreme Court of Alabama · 1957
- San Antonio & A. P. Ry. Co. v. StuartCourt of Appeals of Texas · 1915
- Dentman v. StateSupreme Court of Alabama · 1957