Palmer & Co. v. Scott & Co.
Supreme Court of Alabama
Appeal from Tuscaloosa. Circuit Court. Tried before Hon. Wm. S. Mudd. This action was brought by the appellants against David M. Scott and John W. McConnell, “late copartners in trade, under the firm name and style of D. M. Scott & Co.,” and was commenced on the 9th April, 1877. The cause of action declared on is “ a certain order or draft, dated and drawn December 30th, 1876, by D. M. Scott, Agt. on, and accepted by said defendants, D. M. Scott & Co. on the same day, and…
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Appeal from Tuscaloosa. Circuit Court. Tried before Hon. Wm. S. Mudd. This action was brought by the appellants against David M. Scott and John W. McConnell, “late copartners in trade, under the firm name and style of D. M. Scott & Co.,” and was commenced on the 9th April, 1877. The cause of action declared on is “ a certain order or draft, dated and drawn December 30th, 1876, by D. M. Scott, Agt. on, and accepted by said defendants, D. M. Scott & Co. on the same day, and payable to Messrs. J. E. Johnston & Co. and by them assigned to the plaintiffs.” The common counts for money loaned, and…
1Opinion of the CourtStone, J.
The present case has been argued as if the plea of non est factum had been interposed by McConnell. We find no plea of any kind in the record. This, itself, secures a reversal of this case; for in the absence of a sworn plea, denying the execution of the acceptance of the order by McConnell, the character of defense relied on by him can not be made.—Code of 1876, § 3036. We suppose, however, that such plea had been interposed, and that by an oversight, it has been omitted from the record. We will consider the defense relied on, on the hypothesis that McConnell had put in a sworn plea, denying…
2Cases cited1 opinion
- Hogan & Co. v. ReynoldsSupreme Court of Alabama · 1845
3Cited by6 opinions
- St. Louis & Tennessee River Packet Co. v. McPetersSupreme Court of Alabama · 1899
- Krow & Neumann v. BernardSupreme Court of Arkansas · 1922
- Ladiga Saw-Mill Co. v. SmithSupreme Court of Alabama · 1884
- O. H. Broun, Jr., Timber Co. v. ColemanSupreme Court of Alabama · 1914
- Bunn v. TimberlakeSupreme Court of Alabama · 1893
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