Jones v. Scott
Supreme Court of Alabama
Error to the Circuit Court of Tuscaloosa. This action was brought originally by Sims & Scott, and now carried on by Scott, as surviving partner, against the defendants, to recover the value of one hundred bales of cotton, lost on the steamboat Warrior. The plaintiff obtained judgment, and the case is brought here on. a bill of exceptions.
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Error to the Circuit Court of Tuscaloosa. This action was brought originally by Sims & Scott, and now carried on by Scott, as surviving partner, against the defendants, to recover the value of one hundred bales of cotton, lost on the steamboat Warrior. The plaintiff obtained judgment, and the case is brought here on. a bill of exceptions. The plaintiff, to prove the loss and the contents of a bill of lading of the cotton, offered to read the deposition of Aaron Reedy, taken some years since, on the ground that he lived more than one hundred miles from the place of the trial, where he still…
1Opinion of the CourtOrmond, J.
— The questions presented oil this record, are— First, was the preliminary evidence offered by the plaintiff, sufficient to authorize the introduction of secondary evidence, of the contents of the bill of lading. Second — had the witness, Reedy, such an interest, as would prevent him from testifying in the cause. Third, can the defendants, Jones & Horner, be made liable, as partners, at the suit of the plaintiffs, without notice that the plaintiffs had withdrawn from the partnership.
1. No fixed rule can be laid down, as to the quantity or quality of the proof, necessary to be adduced, to…
2Cases cited3 opinions
- Swift v. FitzhughSupreme Court of Alabama · 1839
- Mordecai v. BealSupreme Court of Alabama · 1839
- Bank of Alabama v. M'DadeSupreme Court of Alabama · 1837
3Cited by12 opinions
- Howard v. StrodeSupreme Court of Missouri · 1912
- Yarborough v. MossSupreme Court of Alabama · 1846
- Ex parte OwensSupreme Court of Alabama · 1875
- Bethea v. McCallSupreme Court of Alabama · 1842
- Shields v. ByrdSupreme Court of Alabama · 1849
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