Saltmarsh v. Bower & Co.
Supreme Court of Alabama
Error to tbe Circuit Court of Perry. Tried before tbe Hon. Oeorge G-oldthwAite. This was an action of assumpsit, instituted by William Bower & Co. for tbe use of Jobn N. Smith against Saltmarsh, tbe plaintiff in error, to recover tbe sum of twenty-three hundred and eighteen T\3o dollars, alleged to be due upon an account stated. Tbe declaration is in tbe usual form, and tbe defendant pleaded: 1st. Non assumpsit; 2d. Set off; and 3d.
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Error to tbe Circuit Court of Perry. Tried before tbe Hon. Oeorge G-oldthwAite. This was an action of assumpsit, instituted by William Bower & Co. for tbe use of Jobn N. Smith against Saltmarsh, tbe plaintiff in error, to recover tbe sum of twenty-three hundred and eighteen T\3o dollars, alleged to be due upon an account stated. Tbe declaration is in tbe usual form, and tbe defendant pleaded: 1st. Non assumpsit; 2d. Set off; and 3d. Payment; and tbe cause was tried upon these issues. Verdict and judgment for the plaintiff below for three thousand dollars and nineteen cents. Upon tbe trial, a…
1Opinion of the Court
CHILTON, 0. J.
This was an action of assumpsit by Bower & Co. v. Saltmarsh, the plaintiff in error, to recover upon an alleged account stated for $2318 fW, the suit being brought for the use of John N. Smith. The defendant pleaded non assumpsit, set off, and payment. There was a judgment and verdict in favor of the plaintiff below for $3000 TW, to reverse which the cause is brought to this court.
1. Several objections to the regularity of the proceedings in the court below, are attempted to be raised in this court, upon rulings respecting various exceptions shown by the record to have been…
2Cases cited8 opinions
- Lucas v. Bank of DarienSupreme Court of Alabama · 1830
- Lawrence v. Ocean InsuranceNew York Supreme Court · 1814
- Long v. EaslySupreme Court of Alabama · 1848
- Wilson v. MariaSupreme Court of Alabama · 1852
- Lake v. GilchristSupreme Court of Alabama · 1845
3 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Mobile Light R. Co. v. NicholasSupreme Court of Alabama · 1936
- Southern Railway Co. v. HayesSupreme Court of Alabama · 1913
- Dickinson v. Lewis, Garthwaite & Co.Supreme Court of Alabama · 1859
- Morris v. HallSupreme Court of Alabama · 1868
- Crocker v. Clements' Adm'rSupreme Court of Alabama · 1853
8 more not listed; retrieve them via the Exa API.