Peck & Brother v. Ryan
Supreme Court of Alabama
Appeal from the Circuit Court of Morgan. Tried before the Hon. H. C. Speake. This suit was brought by the appellants, E. H. Peck & Bro., against the appellee, S. P. Ryan, to recover the balance of an account owing by defendant to plaintiffs. Defendant pleaded the general issue and payment. Part of this account was for goods furnished to one PJeas Stewart on the credit of defendant.
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Appeal from the Circuit Court of Morgan. Tried before the Hon. H. C. Speake. This suit was brought by the appellants, E. H. Peck & Bro., against the appellee, S. P. Ryan, to recover the balance of an account owing by defendant to plaintiffs. Defendant pleaded the general issue and payment. Part of this account was for goods furnished to one PJeas Stewart on the credit of defendant. Plaintiff’s evidence tended to show that defendant authorized them to let Stewart have goods on his credit, they having previously refused Stewart credit on his own account. After this, defendant paid plaintiffs’…
1Opinion of the CourtHaralson, J.
1. H. M’. Masón was the'clerk-and' book-keeper of the plaintiffs, at tlie timé the account was contracted, for the alleged-balance due'on .'.which, this suit was brought. Said Mason had died some t-ime before the trial of the cause. One of the matters of dispute on the trial was, whether or not the defendant should *340be credited on the account with $50, which he alleged lie had paid to said Mason for plaintiffs on account in the year 1889, and which was not credited to defendant by Mason on defendant’s account with plaintiffs. The defendant sought to prove by one Robertson, that in the Spring…
2Cases cited9 opinions
- Burns v. CampbellSupreme Court of Alabama · 1882
- Williams v. StateSupreme Court of Alabama · 1886
- Whilden & Sons v. Merchants' & Planters' National BankSupreme Court of Alabama · 1879
- Campbell v. StateSupreme Court of Alabama · 1876
- Spencer v. StateSupreme Court of Alabama · 1852
4 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Jones v. StateAlabama Court of Appeals · 1915
- Manning v. StateSupreme Court of Alabama · 1928
- Thomas v. StateSupreme Court of Alabama · 1907
- West Pratt Coal Co. v. AndrewsSupreme Court of Alabama · 1901
- State v. . JacksonSupreme Court of North Carolina · 1909
6 more not listed; retrieve them via the Exa API.