Pierce & Baldwin v. Pass & Co.
Supreme Court of Alabama
Error from Tuscaloosa Circuit Court — Before the Hon- A. Crenshaw. This was an action of assumpsit, to recover the amount of an account against Pass & Co. for goods sold and delivered* The defendants relied on a set off, and proved, that by an agreement between themselves and Pierce, one of the partners of the firm of Pierce & Baldwin, the goods now the subject of the present suit, were to be taken in payment for the board of Pierce.' An account, comprising this board, money…
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Error from Tuscaloosa Circuit Court — Before the Hon- A. Crenshaw. This was an action of assumpsit, to recover the amount of an account against Pass & Co. for goods sold and delivered* The defendants relied on a set off, and proved, that by an agreement between themselves and Pierce, one of the partners of the firm of Pierce & Baldwin, the goods now the subject of the present suit, were to be taken in payment for the board of Pierce.' An account, comprising this board, money lent, drinlc, segars, &c. was now insisted on, in off set to the recovery of the plaintiffs ; but no knowlege of…
1Opinion of the Court
By Mr. Justice Thornton :
This w as an action of assumpsit, brought by the plaintiff s¿ as merchants and partners, to recover of the defendants the amount of an account for goods, wares and merchandize sold and delivered to the defendants. The defendants pleaded non* assumpsit, payment, and set off. A bill of exceptions was signed during the progress of the cause, which contains the matters here assigned as error. [ It appears, that under the plea of set off, the defendants introduced an account raised with them as tavern keepers, by the plaintiff, Pierce, for meat and drink consumed by him ;…
2Cases cited1 opinion
- Rolston v. ClickSupreme Court of Alabama · 1828
3Cited by13 opinions
- Cannon v. LindseySupreme Court of Alabama · 1887
- First Nat. Bank of Abbeville v. CappsSupreme Court of Alabama · 1922
- Burwell & Clarke v. SpringfieldSupreme Court of Alabama · 1849
- Cunningham v. CarpenterSupreme Court of Alabama · 1846
- Drennen v. Gilmore Bros.Supreme Court of Alabama · 1901
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