Moore v. Andrews & Bros.
Supreme Court of Alabama
In error from the County Court of Madison. This was an action of assumpsit against Moore, for the value of goods, wares and merchandise, sold and delivered: and under the plea of non assumpsit, verdict and judgment were rendered for the plaintiffs.
Read the full summary
In error from the County Court of Madison. This was an action of assumpsit against Moore, for the value of goods, wares and merchandise, sold and delivered: and under the plea of non assumpsit, verdict and judgment were rendered for the plaintiffs. On the trial, the plaintiffs, by their clerks, M’Clellan, Moore and Giron, proved that they had sold and delivered to the defendant, all the articles specified in an account, (which was the cause of action,) except one item, which had been charged by a former clerk, who was not present, but was proved to have been in the State of Tennessee. On…
1Opinion of the CourtCollier, J.
The defendants in error sued the plaintiff, in the County Court of Madison, and declared for goods sold and delivered, money lent and advanced, and money paid, &c.
On the trial, the defendants proved a portion of their account, by shewing that some of the goods charged, as sold and delivered to the plaintiff, were charged on their books in the hand writing of a former clerk, then in Tennessee. To the admission of this evidence, the plaintiff in error excepted, and here assigns the same as error.
The bill of exceptions does not inform us that this, witness does not reside within the State, and…
2Cited by1 opinion
- Halliday v. ButtSupreme Court of Alabama · 1866