Legal Opinion

Pearson v. Howe

Supreme Court of Alabama

Decided January 15, 1847PublishedCited by 4 opinions

Error to the Circuit Court of Pickens. Assumpsit by the defendant in error, as indorsee, against the plaintiff as acceptor of a bill of exchange.

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Error to the Circuit Court of Pickens. Assumpsit by the defendant in error, as indorsee, against the plaintiff as acceptor of a bill of exchange. Upon the trial, the plaintiff produced the bill described in the declaration, accepted by Child, Hibler & Pearson, and proved, that the latter was a member of the firm, doing business in Mobile as commission merchants, at the time of the acceptance, and that some commission merchants were there in the habit of accepting bills for their customers. The defendant then introduced William Castles as a witness, and proved by him, that he drew the bill,…

1Opinion of the CourtOrmond, J.

The point attempted to be raised, upon the refusal of the court to permit the contents of certain advertisements and handbills to be proved, is not presented in such a manner, that the action of'the primary, court can be here reviewed. It is not stated what the advertisements and handbills contained, and without a knowledge of this fact, it is manifest it cannot be known whether the court acted cor*374rectly or not in rejecting them. For any thing shown in the bill of exceptions, the action of the court may have been strictly correct; we certainly cannot be expected to presume that it is not.

The…

2Cases cited2 opinions

  1. Thompson v. ArmstrongSupreme Court of Alabama · 1845
  2. Hibbler v. De ForestSupreme Court of Alabama · 1844

3Cited by4 opinions

  1. Forest Investment Corp. v. Commercial Credit Corp.Supreme Court of Alabama · 1960
  2. Sims v. StruthersSupreme Court of Alabama · 1957
  3. R.D.R. v. C.R.P.Court of Civil Appeals of Alabama · 2016
  4. Sims v. StruthersSupreme Court of Alabama · 1957

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