Blevins v. Pope
Supreme Court of Alabama
Error to the Circuit Court of Dallas. Trover by the defendant against the plaintiffs in error, to recover damages, for the conversion of a promissory note for $1,503 30, made by Wm. Johnson & Co. to the plaintiffs. Upon the trial, the plaintiffs introduced Frederick Dorr, of the firm of Wm.
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Error to the Circuit Court of Dallas. Trover by the defendant against the plaintiffs in error, to recover damages, for the conversion of a promissory note for $1,503 30, made by Wm. Johnson & Co. to the plaintiffs. Upon the trial, the plaintiffs introduced Frederick Dorr, of the firm of Wm. Johnson & Co., and offered to show by him, that Mr. Beal Cook, who had passed off the note in controversy, to the defendant, had the general reputation in the community, of being the general agent of the plaintiffs; which evidence the Court rejected, and the defendant excepted. During his examination, the…
1Opinion of the CourtOrmond, J.
— If it was important to prove, that Cook was the general agent of the plaintiffs, it could not be shown by general reputation. Reputation, is evidence in cases of pedigree, and, perhaps, in some other peculiar cases, but these are exceptions to the general rule, and submitted to from the necessity of the case, and has never, within our knowledge, been admitted as proof of agency.
The general course of the examination of witnesses, and the difference between an examination in chief and a cross-examination, is perfectly well understood. The whole doctrine rests upon the supposition, that the…
2Cases cited1 opinion
- Cushman v. LokerMassachusetts Supreme Judicial Court · 1806
3Cited by15 opinions
- Gassenheimer v. StateSupreme Court of Alabama · 1875
- Burns v. CampbellSupreme Court of Alabama · 1882
- Donnell v. JonesSupreme Court of Alabama · 1848
- Wheeler v. McGuire, Scoggins & Co.Supreme Court of Alabama · 1888
- Coker v. HayesSupreme Court of Florida · 1878
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