Loveman, Joseph Loeb v. McQueen
Supreme Court of Alabama
Appeal from Circuit Court,-Jefferson County; .John H. Miller, Judge. Assumpsit by Loveman, Joseph & Loeh against J. W. McQueen.
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Appeal from Circuit Court,-Jefferson County; .John H. Miller, Judge. Assumpsit by Loveman, Joseph & Loeh against J. W. McQueen. Judgment for defendant, and plaintiff appeals. . The action is on the common count, including one- for an account stated, and the complaint is accompanied by a sworn itemized statement of the account running from July 1, 1909, to July 6, 1914. Originating in defendant’s purchase of a Sterns car and in a general automobile service, the account shows a balance of $158.81 due on August 1, 1909, and by monthly additions a balance of $2,047.15 on July 6, 1914. The items…
1Opinion of the CourtSomerville, J.
[1] Prior to our present statute (Code 1907, § 4003) it was the settled rule in this state that—
“Original entries made by a person in his own books, or made by his clerk, when done in the ordinary course of business, and contemporaneously with the transaction to which such entries relate, are generally admissible in evidence to prove the correctness of all items within the knowledge of the person making them. Before [they are] admissible, the entries must be sworh to as having been made by the party who made them, and that he knew of their correctness at the time they were made, if such party…
2Cases cited21 opinions
- Kennedy's Heirs v. Kennedy's HeirsSupreme Court of Alabama · 1841
- Dismukes & Patrick v. Tolson & BarrettSupreme Court of Alabama · 1880
- Shirley v. Southern Ry. Co.Supreme Court of Alabama · 1916
- Bolling v. FanninSupreme Court of Alabama · 1892
- Swift v. Oglesby & SmithCourt of Appeals of Georgia · 1911
16 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- State Ex Rel. Wadsworth v. Southern Surety Co.Supreme Court of Alabama · 1930
- Denson v. Kirkpatrick Drilling Co.Supreme Court of Alabama · 1932
- Holcombe v. State Ex Rel. ChandlerSupreme Court of Alabama · 1941
- Pinkerton v. StateAlabama Court of Appeals · 1940
- Union Bank & Trust Co. v. PhelpsSupreme Court of Alabama · 1934
19 more not listed; retrieve them via the Exa API.