Gooden v. Morrow & Co.
Supreme Court of Alabama
Error to the Circuit Court of Randolph. Assumpsit by the plaintiffs, against the defendants in error, for money had and received, &c. The declaration contains the common counts. The defendant, Morrow, pleaded the general issue, and pleas of set off, failure, and want of consideration, and a judgment by default was taken, against Cameron & Likens, the other defendants.
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Error to the Circuit Court of Randolph. Assumpsit by the plaintiffs, against the defendants in error, for money had and received, &c. The declaration contains the common counts. The defendant, Morrow, pleaded the general issue, and pleas of set off, failure, and want of consideration, and a judgment by default was taken, against Cameron & Likens, the other defendants. A bill of exceptions taken pending the trial, discloses, that testimony was introduced, that the defendants for four years were partners in the mercantile business, and were also partners in the business of gold mining, during…
1Opinion of the CourtOrmond, J.
The case of Scott v. Jones, 5 Ala. Rep. 694, is an authority in point, that the defendant Likens was a competent witness. In that case, as in this, the witness was a party upon the record — there, as here, a judgment by default had been taken against him, and there as in this case, he was considered competent to prove that his co-defendant was not a partner, because, in establishing that fact, he was fixing a liability entirely upon himself, which otherwise.he would have divided with another. The case cited also shows, that in such an action as this, the evidence was admissible under the plea…
2Cases cited1 opinion
- Scott v. JonesSupreme Court of Alabama · 1843
3Cited by1 opinion
- Mobile Savings Bank v. McDonnellSupreme Court of Alabama · 1888