Edwards v. Parker
Supreme Court of Alabama
Appeal from the Circuit Court of Dale. Tried before the Hon. J. W. Foster, as special judge. This action was brought by H. Z. Parker as surviving partner of H. Z. Parker & Son, against L. M. Edwards; was founded on an account for goods sold and delivered by said firm to the defendant, amounting to- $182.45, and was commenced on the 24th May, 1887. The case was before this court on appeal at a former term, as shown by the report in 85 Ala. 246. The judgment-entry in the…
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Appeal from the Circuit Court of Dale. Tried before the Hon. J. W. Foster, as special judge. This action was brought by H. Z. Parker as surviving partner of H. Z. Parker & Son, against L. M. Edwards; was founded on an account for goods sold and delivered by said firm to the defendant, amounting to- $182.45, and was commenced on the 24th May, 1887. The case was before this court on appeal at a former term, as shown by the report in 85 Ala. 246. The judgment-entry in the present transcript recites that the cause was tried “on issue joined on the plea of the general issue;” but the record sets…
1Opinion of the CourtClopton, J.
Defendant, admitting the correctness of the account upon which appellee sues as surviving partner of H. Z. Parker & Son, seeks to set off a demand for money deposited, for which the plea avers a receipt was given in the firm name. A copy of the receipt, which is alleged to be lost or mislaid, is set out in the plea. When this case was before the court at a former term, it appeared then, as it now does, that the deposit was made with S. D. Parker, the deceased member of the firm. It was ruled, that the defendant was incompetent to testify to the execution or contents of the receipt, on the…
2Cases cited1 opinion
- Parker v. EdwardsSupreme Court of Alabama · 1887
3Cited by5 opinions
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