Thompson v. Collier
Supreme Court of Alabama
Appeal from Lee County Law and Equity Court. Heard before Hon. A. E. Baknett. Assumpsit by Beele. H. Collier, as administratrix, against J. H. Thompson. Judgment for plaintiff and defendant appeals.
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Appeal from Lee County Law and Equity Court. Heard before Hon. A. E. Baknett. Assumpsit by Beele. H. Collier, as administratrix, against J. H. Thompson. Judgment for plaintiff and defendant appeals. Tbe burden was on tbe plaintiff to show by clear and convincing proof tbe fact that partial payment bad been made, in order to stop tbe running of tbe statute. — McGehee v. Grier, 7 Port 537; Knight v. Clements, 45 Ala. 89; Kelson v. Larmer, 95 Ala. 300; Pearce v. Walker, 103 Ala. 250; 17 Cyc. 778; 25 Cyc. 1368. The plaintiff’s testimony is not at all certain or definite as to tbe credit to be…
1Opinion of the CourtAnderson, J.
Tbe note sued upon matured more than six years before tbe commencement of tbe suit, but there was an averment of part payment, which, if true, would remove tbe beginning of tbe bar, and which would, therefore, commence to run upon tbe date of tbe payment, and could not become complete until six years thereafter.—Bailey v. Butler, 138 Ala. 153, 35 South. 111; section 4850 of the Code of 1907. So the *471sole question is: Was the payment made in the fall of 1902, as testified to by the plaintiff’s witness? If it was, the debt was not barfed when the suit was brought; and, if it was not made, there…
2Cases cited7 opinions
- Woodrow v. HawvingSupreme Court of Alabama · 1894
- Simpson v. GoldenSupreme Court of Alabama · 1896
- Pearce v. WalkerSupreme Court of Alabama · 1893
- Bailey v. ButlerSupreme Court of Alabama · 1902
- Knight v. ClementsSupreme Court of Alabama · 1871
2 more not listed; retrieve them via the Exa API.
3Cited by47 opinions
- Hackett v. CashSupreme Court of Alabama · 1916
- Andrews v. GreySupreme Court of Alabama · 1917
- Finney v. Studebaker Corp. of AmericaSupreme Court of Alabama · 1916
- Halle v. BrooksSupreme Court of Alabama · 1923
- Sneed v. SneedSupreme Court of Alabama · 1946
42 more not listed; retrieve them via the Exa API.