Dillard v. Scruggs
Supreme Court of Alabama
Appeal from the Circuit Court of Mobile. Tried before the Hon. C. W. Rapier. This action was brought by Frederick Scruggs, against Gaston Dillard, to recover the sum of $300, alleged to be “due from defendant to plaintiff, by account, for services rendered by plaintiff to defendant, and at bis request, in and about the sale of certain slaves.” The defendant pleaded, in short by consent, the general issue, set-offj and payment.
Read the full summary
Appeal from the Circuit Court of Mobile. Tried before the Hon. C. W. Rapier. This action was brought by Frederick Scruggs, against Gaston Dillard, to recover the sum of $300, alleged to be “due from defendant to plaintiff, by account, for services rendered by plaintiff to defendant, and at bis request, in and about the sale of certain slaves.” The defendant pleaded, in short by consent, the general issue, set-offj and payment. “On the trial,” as the bill of exceptions states, “the plaintiff introduced one Magee as a witness, who testified, that plaintiff' was a negro-trader in 1856, and had a…
1Opinion of the CourtStone, J.
We think there is no error in this record, available to the appellant. The fact that Scruggs received from Dillard’s agent $200 for board of the slaves, and receipted for the same, would probably, if unexplained, have furnished a circumstance which the jury would regard in determining whether or not such payment was in full. Qualified as the ruling of the court in this case was, the declaration of the plaintiff, made at the time he received the money, was very proper, to repel the inference that he regarded the payment as in full of all demands. Scruggs v. Bibb, 33 Ala. 481.
[2.] The1 charge…
2Cases cited2 opinions
- Smith's v. GarthSupreme Court of Alabama · 1858
- Scruggs v. BibbSupreme Court of Alabama · 1859
3Cited by1 opinion
- Vickery v. BaggettSupreme Court of Alabama · 1924