Cook & Co. v. Malone & Sons
Supreme Court of Alabama
Appeal from tlie Circuit Court of Henry. Tried before the Hon. J. O. Richardson. This was an action of asumpsit brought by the appellees against the appellants to recover $106.37, with interest, alleged to be due the plaintiffs from the defendants. The defendants pleaded the general issue and also interposed pleas of set off, in which they alleged that the plaintiffs were indebted to the -defendants in the sum of $128, which was.due and unpaid.
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Appeal from tlie Circuit Court of Henry. Tried before the Hon. J. O. Richardson. This was an action of asumpsit brought by the appellees against the appellants to recover $106.37, with interest, alleged to be due the plaintiffs from the defendants. The defendants pleaded the general issue and also interposed pleas of set off, in which they alleged that the plaintiffs were indebted to the -defendants in the sum of $128, which was.due and unpaid. The evidence in reference ito the pleas of set -off is sufficiently stated in the opinion. During the examination of R. E. Cook, one of the…
1Opinion of the CourtSharpe, J.
To establish their pleas of set-off the defendants introduced evidence tending to prove that the plaintiffs owed them the purchase price of cotton sold by them to the plaintiffs. Plaintiffs resisted that claim by' evidence tending to show they bought the *665cotton for cash then presently paid to defendants. The court gave the following among other instructions to the jury: “The burden of proof is on the defendants to establish the fact that Malone and Sons bought the six bales of cotton, and that they had noit paid the defendants for said cotton.”- It is here insisted for defendants that the…
2Cases cited4 opinions
- Brigham & Co. v. CarlisleSupreme Court of Alabama · 1884
- Echols v. HubbardSupreme Court of Alabama · 1890
- Shines v. SteinerSupreme Court of Alabama · 1884
- Blackshear v. BurkeSupreme Court of Alabama · 1883
3Cited by13 opinions
- Pollak v. WinterSupreme Court of Alabama · 1911
- Jones v. MullinSupreme Court of Alabama · 1949
- Barber v. MartinSupreme Court of Alabama · 1941
- Cassady v. WilliamsSupreme Court of Alabama · 1937
- O'Neal v. CurrySupreme Court of Alabama · 1901
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