Acklen's v. Hickman
Supreme Court of Alabama
Erom the Circuit Court of Madison. Tried before the Hon. Louis Wyeth. This action was brought by James Hickman, against John D. Weeden, as the executor of the last will and testament of William Acklen, deceased; and was commenced on the 4th April, 1874. The complaint contained a count on an account stated between the plaintiff and the defendant’s testator, on the 21st March, 1864; a count for money paid by .plaintiff, for defendant’s testator, on the 21st March, 1864,…
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Erom the Circuit Court of Madison. Tried before the Hon. Louis Wyeth. This action was brought by James Hickman, against John D. Weeden, as the executor of the last will and testament of William Acklen, deceased; and was commenced on the 4th April, 1874. The complaint contained a count on an account stated between the plaintiff and the defendant’s testator, on the 21st March, 1864; a count for money paid by .plaintiff, for defendant’s testator, on the 21st March, 1864, amounting to $291.09; and a count on an account stated between them on the 10th November, 1869. The defendant pleaded — 1st,…
1Opinion of the CourtStone, J.
The Circuit Court erred in admitting in evidence the indorsement of credit on the account. It was not shown that such indorsement was true, either- as to the amount of money paid, or the time of payment. A partial payment made on a debt is treated as a recognition of its correctness, to the extent then claimed; and if made before the bar of the statute is complete, it wipes out all previously accrued time, and such payment fixes a new date from which the statute begins to run. A mere indorsement, however, made by the holder of the paper, without proof of payment actually made, and at a time…
2Cases cited1 opinion
- Knight v. ClementsSupreme Court of Alabama · 1871
3Cited by4 opinions
- Steele v. Steele's Adm'rSupreme Court of Alabama · 1879
- Chapman v. BarnesSupreme Court of Alabama · 1890
- Behrman v. NewtonSupreme Court of Alabama · 1893
- Hamilton v. CoffinSupreme Court of Kansas · 1891