Anderson v. Snow & Co.
Supreme Court of Alabama
Writ of Error to the Circuit Court of Chambers. This was an action of assumpsit, at the suit of the plaintiff in error, against the defendants, who are charged as partners in running the Defiance line of stages, under the name and style of W. W. Snow & Co. The declaration alledges that the defend-* ants are indebted to the plaintiff in the sum of one hundred and thirty-three dollars and twenty-eight cents for keeping and feeding stage horses belonging to the defendants, and…
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Writ of Error to the Circuit Court of Chambers. This was an action of assumpsit, at the suit of the plaintiff in error, against the defendants, who are charged as partners in running the Defiance line of stages, under the name and style of W. W. Snow & Co. The declaration alledges that the defend-* ants are indebted to the plaintiff in the sum of one hundred and thirty-three dollars and twenty-eight cents for keeping and feeding stage horses belonging to the defendants, and also for so much money paid, laid out and expended, at their special instance and request. The writ was executed on…
1Opinion of the CourtCollier, C. J.
1. The testimony of the witness who was offered to prove the contents of the articles of partnership was properly excluded. True, he saw such a paper in the hands of one of the parties suedfin this action, but he could not say that it was signed by them, or by their authority, as he was unacquainted with their hand-writing. It was necessary to establish its genuineness — this fact could not be assumed, in the absence of all proof to the point.
2. It does not appear what facts the defendant proposed to prove by Lovelace, but he was rejected by the Court in limine, thus declaring his…
2Cited by1 opinion
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