Smith v. Allen
Alabama Court of Appeals
Assumpsit. Appeal from Clay Circuit Court. Heard before Hon. Hugh D. Merrill. Action by Vassar L. Allen as trustee transferee of tbe effects of a bank, against A. C. Smith and another, individually and as former partners. Judgment for plaintiffs, and defendants appeal. The court gave effect to evidence to which it was not entitled, and rendered judgment on an account stated, which was not supported by the evidence. — 49 Conn. 36; 10 Neb. 54; 15 Am. Dec. 181; 34 Am.
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Assumpsit. Appeal from Clay Circuit Court. Heard before Hon. Hugh D. Merrill. Action by Vassar L. Allen as trustee transferee of tbe effects of a bank, against A. C. Smith and another, individually and as former partners. Judgment for plaintiffs, and defendants appeal. The court gave effect to evidence to which it was not entitled, and rendered judgment on an account stated, which was not supported by the evidence. — 49 Conn. 36; 10 Neb. 54; 15 Am. Dec. 181; 34 Am. Rep. 435; 1 Cyc. 364; Loventhal v. Morris, 103 Ala. 335; 55 N. E. 789-; 6 Pac. 548. The account stated between the bank and…
1Opinion of the CourtWalker, P. J.
While the averments of the count upon which the case was tried show that the claim of the plaintiff was that the account sued on became a stated one as the result of a transaction between the defendants and the plaintiff, who was alleged to be a transferee of the original creditor, yet the bill of ex*400ceptions does not indicate that the defendants raised any question as to the right of the plaintiff to prove a statement of the account between the bank, the original creditor, and the defendants.
On the cross-examination of the witness by whom the plaintiff undertook to prove a statement of the…
2Cases cited3 opinions
- Loventhal & Son v. MorrisSupreme Court of Alabama · 1893
- Carlisle v. DavisSupreme Court of Alabama · 1846
- Harwell v. Phillips & Buttroff Manfg. Co.Supreme Court of Alabama · 1898
3Cited by2 opinions
- Scott v. Mundy & ScottSupreme Court of Iowa · 1922
- Smith v. AllenAlabama Court of Appeals · 1913