Godbold v. Blair & Co.
Supreme Court of Alabama
Appeal from the Circuit Court of Baldwin. Tried before the Hon. Charles W. Rapieb. This action was brought by Henry D. Blair, trading under the name and style of H. D. Blair & Go., against 0. M. God-bold, to recover the amount of an open account for goods, wares, and merchandize sold and delivered by plaintiff to defendant previous to the 20th day of April, 1854. “ The only witness introduced by plaintiffs to sustain their action, was one S. F. Freeman, who testified, that…
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Appeal from the Circuit Court of Baldwin. Tried before the Hon. Charles W. Rapieb. This action was brought by Henry D. Blair, trading under the name and style of H. D. Blair & Go., against 0. M. God-bold, to recover the amount of an open account for goods, wares, and merchandize sold and delivered by plaintiff to defendant previous to the 20th day of April, 1854. “ The only witness introduced by plaintiffs to sustain their action, was one S. F. Freeman, who testified, that he was and had been the plaintiff’s clerk ; that the account sued on was correct; that lie sold and delivered to the…
1Opinion of the CourtChilton, C. J.
Section 3403 of the Code invests the court with ample power to permit an amendment of the complaint by striking out or adding new parties plaintiff or defendant. There was, therefore, no error in allowing the plaintiff to amend the complaint by inserting the name of Sedberry as composing, with Blair, the firm of H. D.Blair & Co.
The witness proved the sale and delivery of the goods, the price of which was sued for, by the plaintiff to the defendant. He 'could not, however, remember the dates. Upon cross-examination he stated, that he never had compared the account with the books. He also…
2Cited by11 opinions
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- Partridge v. ForsythSupreme Court of Alabama · 1856
- Sims, Harrison & Co. v. Jacobson & Co.Supreme Court of Alabama · 1874
- Stewart v. Sloss-Sheffield Steel & Iron Co.Supreme Court of Alabama · 1910
- Memphis & Charleston Railroad v. MaplesSupreme Court of Alabama · 1879
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