Tanner & Delaney Engine Co. v. Hall
Supreme Court of Alabama
Appeal from the Circuit Court of Geneva. Tried before the Hon. Jesse M. Carmichael. This action was brought by the appellant, a corporation chartered under the laws of Virginia, against Nathan Hall, as a member of the firm of Hall & Mobley; was founded on several promissory notes executed in the name of said partnership, and was commenced, as the former report of the case (86 Ala. 305-08) shows, on the 22d February, 1887. The complaint contained several counts on the notes,…
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Appeal from the Circuit Court of Geneva. Tried before the Hon. Jesse M. Carmichael. This action was brought by the appellant, a corporation chartered under the laws of Virginia, against Nathan Hall, as a member of the firm of Hall & Mobley; was founded on several promissory notes executed in the name of said partnership, and was commenced, as the former report of the case (86 Ala. 305-08) shows, on the 22d February, 1887. The complaint contained several counts on the notes, and also the common counts. The defendant pleaded the general issue, payment, accord and satisfaction, nul tiel…
1Opinion of the CourtStone, C. J.
We think the Circuit Court erred in excluding from the jury that part of the witness Butler’s testimony, which purports to give the contents of the correspondence between him and Hall. The plaintiff proved enough — laid a sufficient predicate — to let in secondary evidence.—Foster v. State, 88 Ala. 182; Bogan v. McCutchen, *63048 Ala. 493; Donegan v. Wade, 70 Ala. 501; Pensacola R. R. Co. v. Schaffer, 76 Ala. (233; Marvin v. Brown, 75 Ala. 442.
The notes sued on were given as purchase-money for an engine, mill and fixtures, which were delivered to the purchasers. In the body of the notes, it was…
2Cases cited6 opinions
- Donegan v. WadeSupreme Court of Alabama · 1881
- Martin, Dumee & Co. v. Brown, Shipley & Co.Supreme Court of Alabama · 1883
- Foster v. StateSupreme Court of Alabama · 1889
- Powell v. WilliamsSupreme Court of Alabama · 1848
- Bogan v. McCutchenSupreme Court of Alabama · 1872
1 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Alexander v. Mobile Auto Co.Supreme Court of Alabama · 1917
- Bingham v. VandegriftSupreme Court of Alabama · 1890
- State v. White Furniture Co.Supreme Court of Alabama · 1921
- Warren v. LiddellSupreme Court of Alabama · 1895
- Barton v. W. O. Broyles Stove & Furniture Co.Supreme Court of Alabama · 1925
15 more not listed; retrieve them via the Exa API.