Loventhal & Son v. Morris
Supreme Court of Alabama
Appeal from the'Circuit Court of Limestone. Tried before the Hon. H. C. Speaks. This was an action by the appellants, B. B. Loventhal & Son, against the appellee, Hassie L. Morris, upon a stated account, and was commenced May 17, 1892. Issue was joined upon the plea of the general issue, and upon the special pleas of the statute of limitations of three years, and the statute of limitatidnAof six years.
Read the full summary
Appeal from the'Circuit Court of Limestone. Tried before the Hon. H. C. Speaks. This was an action by the appellants, B. B. Loventhal & Son, against the appellee, Hassie L. Morris, upon a stated account, and was commenced May 17, 1892. Issue was joined upon the plea of the general issue, and upon the special pleas of the statute of limitations of three years, and the statute of limitatidnAof six years. On the trial of the case, as is shown by the bill "of exceptions, the plaintiffs introduced in evidence the following statement of their account with the said defendant, which was verified by…
1Dissent
HEAD, J.,
dissenting. — There are six counts in the complaint, each claiming $155, as due upon an account stated. The first is as follows, after properly stating the names of the parties in the caption : ‘ ‘ The plaintiffs claim of the defendant one hundred and fifty-five dollars, due from him On account stated between the plaintiffs and defendant on the 18th day of March, 1888, which sum of money, with the interest thereon, is still unpaid. The account is verified by affidavit.” Each of the others is in the same words', except that a different date on which the account was stated is given,…
2Cases cited6 opinions
- Marks v. Robinson & LedyardSupreme Court of Alabama · 1886
- Carlisle v. DavisSupreme Court of Alabama · 1846
- McCulloch v. JuddSupreme Court of Alabama · 1852
- Golden v. ConnerSupreme Court of Alabama · 1889
- McMillian v. WallaceSupreme Court of Alabama · 1830
1 more not listed; retrieve them via the Exa API.