Hogan & Co. v. Reynolds
Supreme Court of Alabama
Error to the County Court of Talladega. Assumesit by Reynolds, against Hogan, Hardin & Tompkins, as partners of a mercantile firm, doing business under the name of James A. Hogan & Co. The declaration, besides the general counts, contains several in -which the liability of the defendants is charged to arise from a written instrument, in these terms: “March 12th, 1838. Received of Walker Reynolds, one of the executors of the estate of William Wilson, dec’d, two notes ®f hand,…
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Error to the County Court of Talladega. Assumesit by Reynolds, against Hogan, Hardin & Tompkins, as partners of a mercantile firm, doing business under the name of James A. Hogan & Co. The declaration, besides the general counts, contains several in -which the liability of the defendants is charged to arise from a written instrument, in these terms: “March 12th, 1838. Received of Walker Reynolds, one of the executors of the estate of William Wilson, dec’d, two notes ®f hand, on William Graham and John McNeil, amounting to seventeen hundred and fifty dollars, due the 1st day of January, 1838,…
1Opinion of the Court
GOLDTHWAITE,
The investigation, severally, of each of the questions raised in this case, would swell our opinion to an undue length. We shall therefore limit ourselves to the decision of those points of evidence which were made at the trial, and the ascertainment of the rules by which, in our judgment, the cause ought to have been governed in the Court below.
1. It was doubtless irregular to permit any witness to give evidence of the general law merchant, and it is very possible, if the objection was made to the relevancy of such evidence, the exception would be of sufficient weight to reverse…
2Cases cited2 opinions
- Spiers v. WillisonSupreme Court of the United States · 1808
- Cole v. WendelNew York Supreme Court · 1811
3Cited by12 opinions
- Barlow v. LambertSupreme Court of Alabama · 1856
- Steed v. KnowlesSupreme Court of Alabama · 1892
- McCrary v. SlaughterSupreme Court of Alabama · 1877
- Lang's Heirs v. WaringSupreme Court of Alabama · 1850
- First National Bank v. ConnollyOregon Supreme Court · 1942
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