Grant v. Cole & Co.
Supreme Court of Alabama
Error to the County Court of Dallas. Assumpsit by the defendants, against the plaintiff in error, upon a note, and also an open account.
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Error to the County Court of Dallas. Assumpsit by the defendants, against the plaintiff in error, upon a note, and also an open account. Upon the trial it appeared, that the plaintiff, to establish two open accounts, introduced as a witness their principal clerk, during the year 1842 and 1843, when the accounts were alledged to have been contracted, amounting in all to one hundred and seven dollars ; who proved that in the early part of the year 1842, the defendant instructed him not to sell, or charge to him any article whatsoever, unless purchased by himself or wife, of upon their written…
1Opinion of the CourtOrmond, J.
There can be no doubt that a merchant’s account, like any other fact, may be established by circumstantial evidence; but these circumstances must not be remote, or farfetched, but such as afford a reasonable presumption, of the facts attempted to be deduced from them. Thus, in this case, the fact that the plaintiffs and their clerks kept correct books, and charged promptly all articles purchased at the store, did not warrant the inference that the particular account was correct. Such a presumption from the facts, was a mere conjecture. The same remarks apply to the facts in evidence, that the…
2Cited by8 opinions
- Nelms v. Steiner Bros.Supreme Court of Alabama · 1896
- Elliott v. DyckeSupreme Court of Alabama · 1884
- Avery's Executors v. AverySupreme Court of Alabama · 1873
- Louisville & Nashville Railroad v. CassibrySupreme Court of Alabama · 1895
- Stewart & Co. v. SonnebornSupreme Court of Alabama · 1873
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