Stoudenmire v. Harper Bros.
Supreme Court of Alabama
Appeal from the Circuit Court of Coffee. Tried before the Hon. J. M. Carmichael. The appellant, M. Gr. Stoudenmire, brought suit against the appellees, Harper Brothers, on a note for $430.92 made by them, dated Jan. 9, 1882, and payable one day afterdate to appellant, with interest from date. The defendants pleaded the general issue, payment, accord and satisfaction and set-off.
Read the full summary
Appeal from the Circuit Court of Coffee. Tried before the Hon. J. M. Carmichael. The appellant, M. Gr. Stoudenmire, brought suit against the appellees, Harper Brothers, on a note for $430.92 made by them, dated Jan. 9, 1882, and payable one day afterdate to appellant, with interest from date. The defendants pleaded the general issue, payment, accord and satisfaction and set-off. B. Harper, one of the defendants, being introduced as a witness in their behalf, produced a memorandum of an account against the plaintiff, which he testified was correct and taken from the books then in court, and…
1Opinion of the CourtClopton, J.
— When the purpose is to have a memorandum admitted in evidence, the witness must be able to testify that he knew its contents when it.was made, and knew them to be true. The original must be produced and must have been made at or near the time of the occurrence of the transaction. A copy of the entries in a book is not admissible, unless the absence of the original is satisfactorily accounted for. When the purpose is to refresh the memory of the witness by reference to a memorandum, it must have been made at or near the time of the occurrence to which it relates; the witness must know it to…
2Cases cited3 opinions
- Acklen's v. HickmanSupreme Court of Alabama · 1879
- East Tennessee, Virginia & Georgia Railroad v. JohnstonSupreme Court of Alabama · 1884
- Calloway v. VarnnerSupreme Court of Alabama · 1884
3Cited by14 opinions
- Butler v. Chicago, Burlington & Quincy RailroadSupreme Court of Iowa · 1893
- Shepherd v. Butcher Tool & Hardware Co.Supreme Court of Alabama · 1916
- Murray & Peppers v. DickensSupreme Court of Alabama · 1906
- Thompson v. StateSupreme Court of Alabama · 1892
- Park-Robertson Hardware Co. v. CopelandAlabama Court of Appeals · 1914
9 more not listed; retrieve them via the Exa API.