Harrison v. Harrison
Supreme Court of Alabama
Error to the Circuit Court of Lowndes. Assumpsit by the defendant, against the plaintiff in error.. The declaration was on a promissory note. The defendant relied on a payment, and set-off, and to prove the issue on his. part, proved that he resided on the plantation of the intestate, and transacted his business for him.
Read the full summary
Error to the Circuit Court of Lowndes. Assumpsit by the defendant, against the plaintiff in error.. The declaration was on a promissory note. The defendant relied on a payment, and set-off, and to prove the issue on his. part, proved that he resided on the plantation of the intestate, and transacted his business for him. That during his residence on the plantation, one John Leonard had done ditching on the plantation to the value of $350 or $400, with which the deceased was satisfied, and that Leonard was dead. He then produced an account in the hand-writing of Leonard, made out against the…
1Opinion of the CourtOrmond, J.
The account offered in evidence, being made out against the plaintiff’s intestate, and receipted generally by Leonard the creditor, the presumption arises, until the contrary is sheAvn, that it aves paid by the debtor, the plaintiff’s intestate. To repel this presumption, the defendant offered to prove by the declarations of Leonard, that he paid the money.
It is well settled, both in England and the United States, that the entry, or written declaration, of one against his intertate, as where it discharges a demand due from others, or where the entry is made in the usual and ordinary course of *75…
2Cases cited1 opinion
- Lessee of Cluggage v. SwainSupreme Court of Pennsylvania · 1811
3Cited by6 opinions
- Upson v. RaifordSupreme Court of Alabama · 1856
- Weems v. BryanSupreme Court of Alabama · 1852
- Parmer v. AndersonSupreme Court of Alabama · 1858
- Scott Paper Co. v. Adair Truck & Equipment Co.Court of Appeals for the Fifth Circuit · 1976
- Eagle Brewing Co. v. ColalucaSupreme Court of Rhode Island · 1915
1 more not listed; retrieve them via the Exa API.