Smith v. Allen
Alabama Court of Appeals
Appeal from Clay Circuit Court. Heard before Hon. Hugh D. Merrill. Action by Vassar L. Allen against A. C. Smith and others, upon a note. Judgment for plaintiff and defendant appeals. The account was not an account stated.- — Zacharine v. Pallotti, 49 Conn. 36; Glare v. Glare, 10 Neb. 54; 1 Oyc. 364; 15 Am. Dec. 181; 34 Am.
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Appeal from Clay Circuit Court. Heard before Hon. Hugh D. Merrill. Action by Vassar L. Allen against A. C. Smith and others, upon a note. Judgment for plaintiff and defendant appeals. The account was not an account stated.- — Zacharine v. Pallotti, 49 Conn. 36; Glare v. Glare, 10 Neb. 54; 1 Oyc. 364; 15 Am. Dec. 181; 34 Am. Rep. 435. The burden correctly lies on the plaintiff in an action on a stated account. — Rice v. Bloss, 90 Ala. 416; Ware v. Manning, 86 Ala. 238; Loventhal v. Morris, 103 Ala. 335. A service upon one partner after the dissolution of the partnership' wiil not authorize a…
1Opinion of the Court
THOMAS, J. —
All the questions raised in this case that are insisted upon in the brief of appellant’s counsel Avere, since this submission, decided in a similar case betAveen the same parties to the record, where the facts Avere not materially different from those here. — Smith v. Allen, 7 Ala. App. 397, 62 South. 296. On that authority the judgment here is reversed and the cause remanded.
Reversed and remanded.
2Cases cited1 opinion
- Smith v. AllenAlabama Court of Appeals · 1913