Galbreath v. Cole
Supreme Court of Alabama
APPEAL from Blount Circuit Court. Tried before Hon. Louis Wyeth. Appellant, as surviving partner of Galbreatb, Stewart & Co., brought this action against the appellees, as late partners of the firm of Lewis Cole & Son. The complaint contains three counts : the first on a promissory note, made by defendants; the second, on account stated; and the third, for goods, wares and merchandise, sold and delivered.
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APPEAL from Blount Circuit Court. Tried before Hon. Louis Wyeth. Appellant, as surviving partner of Galbreatb, Stewart & Co., brought this action against the appellees, as late partners of the firm of Lewis Cole & Son. The complaint contains three counts : the first on a promissory note, made by defendants; the second, on account stated; and the third, for goods, wares and merchandise, sold and delivered. The defendants pleaded, in short by consent: “1. Non assumpsit. 2. Payment. 3. Set-off. 4. The statute of limitations of three years. 5. The statute of limitation of six years. 6. Want of…
1Opinion of the CourtBbickell, C. J.
1. The complaint contains three counts, the first on a promissory note made by the defendants, the second, on an account stated, the third, for goods and merchandise sold and delivered. The fourth plea, directed to the entire complaint, is of the statute of limitations of three years, which bars only actions founded on open accounts. It is obvious the plea is not an answer to the first or second count. An elementary rule of pleading is, that a plea professing to answer the whole complaint or declaration, is bad on demurrer, if it is an answer to a part only — 1 Chit. PL 523; Adams v.…
2Cases cited16 opinions
- Wilkinson v. MoseleySupreme Court of Alabama · 1857
- Governor v. CampbellSupreme Court of Alabama · 1850
- Scarborough v. ReynoldsSupreme Court of Alabama · 1847
- Harrison's Administrator v. Harrison's DistributeesSupreme Court of Alabama · 1864
- Tomkies v. ReynoldsSupreme Court of Alabama · 1849
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3Cited by11 opinions
- Snedecor v. PopeSupreme Court of Alabama · 1904
- Hannan v. GreenfieldOregon Supreme Court · 1899
- Postal Telegraph Co. v. LenoirSupreme Court of Alabama · 1894
- Tennessee River Transportation Co. v. Kavanaugh Bros.Supreme Court of Alabama · 1890
- Peyton v. Old Woolen Mills Co.Court of Appeals of Kentucky · 1906
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