Schloss Bros. & Co. v. Gibson Dry Goods Co.
Alabama Court of Appeals
Appeal from Geneva Circuit Court. Heard before Hon. H. A. Pearce. Assumpsit by Schloss Bros. & Co., against the Gibson Dry Goods Company. From a judgment for defendant, plaintiffs appeal.
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Appeal from Geneva Circuit Court. Heard before Hon. H. A. Pearce. Assumpsit by Schloss Bros. & Co., against the Gibson Dry Goods Company. From a judgment for defendant, plaintiffs appeal. Plea 6 is as follows: “Further answering said complaint, defendant pleads and says that on, to-wit, February 7, 1911, defendant was indebted to plaintiffs by account and unliquidated demand, and as to which, and the amount due thereon by defendant to plaintiffs, there was on and prior to said date a controversy or dispute pending between defendant and plaintiffs, and which account or demand as claimed by…
1Opinion of the CourtPelham, J.
Suit was instituted by appellants against appellee claiming a balance due on account for goods, wares, and merchandise sold by the plaintiffs to the defendant. The plaintiffs made out a prima facie case, on the trial in the court below, showing a sale and delivery of the goods in the due course of business. The defendant, however, among other special pleas on which issue was joined, filed a special plea numbered 6 (which the reporter will set out in the report of this case). The court gave the general charge for the defendant, and there is no controversy but that the allegations of the…
2Cases cited7 opinions
- Wiley, Banks & Co. v. KnightSupreme Court of Alabama · 1855
- Goodbar, White & Co. v. DanielSupreme Court of Alabama · 1889
- East-Haddam Bank v. ScovilSupreme Court of Connecticut · 1837
- Ætna Insurance v. Alton City BankIllinois Supreme Court · 1861
- Stacy v. Dane County BankWisconsin Supreme Court · 1860
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- Occidental Fire and Casualty Company v. EidsonSupreme Court of Alabama · 1966
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