Comer & Co. v. Way & Edmundson
Supreme Court of Alabama
Appeal from the Circuit Court of Barbour. Tried before the Hon. J. M. Carmichael. This action was brought by the appellant, H. M. Comer & Co., against the appellants, Way & Edmundson. The complaint contained two counts. In the first count the plaintiffs claim of the defendant, $946.55, due by account stated on December 5, 1895, “which said-account is verified by affidavit.”
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Appeal from the Circuit Court of Barbour. Tried before the Hon. J. M. Carmichael. This action was brought by the appellant, H. M. Comer & Co., against the appellants, Way & Edmundson. The complaint contained two counts. In the first count the plaintiffs claim of the defendant, $946.55, due by account stated on December 5, 1895, “which said-account is verified by affidavit.” In the second count, the plaintiffs claim the saíne amount as clue for money paid by the plaintiffs for the defendant. The account sued on was verified by affidavit, and the plaintiffs at the time of bringing their suit,…
1Opinion of the CourtHaralson, J.
1. The account referred to in section 2773 of the Code, which mav be verified by affidavit of a competent witness, taken in the manner and subject to the conditions therein prescribed, is, we apprehend, an open and not a stated account. -The fact that the verified account, should contain a statement of its items, would so indicate ; and oesides, to maintain an action on an account stated, the plaintiff must prove the fact of its statement; it must be proved as laid to authorize a recovery, — that and nothing else will support his allegation in the complaint. If the plaintiff m ike that proof,…
2Cases cited11 opinions
- McCamant v. BatsellTexas Supreme Court · 1883
- Richmond & Danville Railroad v. FarmerSupreme Court of Alabama · 1892
- Payne v. CrawfordSupreme Court of Alabama · 1893
- Loventhal & Son v. MorrisSupreme Court of Alabama · 1893
- Clark v. Taylor & Co.Supreme Court of Alabama · 1880
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3Cited by32 opinions
- Alford v. CreaghAlabama Court of Appeals · 1913
- Continental Fire Ins. v. BrooksSupreme Court of Alabama · 1901
- Hinkle, Cox, Eaton, Coffield & Hensley v. Cadle Co. of Ohio, Inc.New Mexico Supreme Court · 1993
- Stillwell v. HillOregon Supreme Court · 1917
- Ellen Gregg Ingalls v. Ingalls Iron Works CompanyCourt of Appeals for the Fifth Circuit · 1958
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