Mahone v. Reeves
Supreme Court of Alabama
Writ of Error to the Circuit Court of Talladega. TROvee by Mahone against Reeves, for the coversion of a horse. At the trial, the following state of facts was proved by the plaintiff, to wit: On the 14th October, 1845, the plaintiff was at the house of one Jackson, in Talladega county, and was there detained several days by indisposition.
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Writ of Error to the Circuit Court of Talladega. TROvee by Mahone against Reeves, for the coversion of a horse. At the trial, the following state of facts was proved by the plaintiff, to wit: On the 14th October, 1845, the plaintiff was at the house of one Jackson, in Talladega county, and was there detained several days by indisposition. One Burns, who hada blacksmith’s shop near Jackson’s residence, had traded the plaintiff a wagon for claims or notes on individuals whose names were not in proof, and whilst they were speaking of that trade, and at this time, when the. plaintiff had a bundle…
1Opinion of the CourtGoldthwaite, J.
1. One of the questions raised by the bill of exceptions, is, of the right of the defendant to put his own declarations before the jury as evidence, because these were made at the time of refusing to receive payment of the note given when the horse was sold. The tender of payment may not have been very material in this cause, but we cannot say it was improper, as otherwise a strong inference might be drawn against him on account of the omission. Evidence being admissible that a tender was made, the fact must stand as it does in other cases, and if the refusal cannot be shown without letting…
2Cases cited1 opinion
- St. John v. O'ConnelSupreme Court of Alabama · 1838
3Cited by3 opinions
- Munroe v. PritchettSupreme Court of Alabama · 1849
- Davis, Moody Co. v. Betz & CullmanSupreme Court of Alabama · 1880
- Humphries v. BradfordSupreme Court of Alabama · 1858