Kendrick v. Cunningham
Alabama Court of Appeals
Appeal from Walker Circuit Court. Heard before Hon. J. J. Curtis. Assumpsit by W. J. Kendrick against E. O. Cunningham. Judgment for defendant, and plaintiff appeals.
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Appeal from Walker Circuit Court. Heard before Hon. J. J. Curtis. Assumpsit by W. J. Kendrick against E. O. Cunningham. Judgment for defendant, and plaintiff appeals. The court gave at the request of defendant the following charge: “(4) Unless the jury are reasonably satisfied from the evidence in this case that goods, wares, and merchandise were furnished defendant by plaintiff at the request of defendant, you canont find a verdict against defendant for goods and merchandise as claimed in the fourth count of the complaint.” . . Counsel discuss assignments of error relative to evidence, but…
1Opinion of the Court
THOMAS, J. —
The appellant, Avho was plaintiff in the court below, brought suit, declaring on a promissory note, on an account, on account stated, and for goods, Avares, and merchandise; all the four counts relating to the same cause of action. The errors here assigned by him relate only to the action of the trial court in excluding or rejecting certain evidence offered by him and in giving certain written charges at the request of the defendant.
*400The appellant’s contention as to whom he granted the credit (whether exclusively or only collaterally to the defendant), forming the consideration of…
2Cases cited5 opinions
- Boykin v. Dohlonde & Co.Supreme Court of Alabama · 1861
- Powell v. StateAlabama Court of Appeals · 1912
- Strouse v. EltingSupreme Court of Alabama · 1895
- Clark v. Jones & BrotherSupreme Court of Alabama · 1888
- Webb v. Hawkins Lumber Co.Supreme Court of Alabama · 1893
3Cited by9 opinions
- Ellis v. StateSupreme Court of Alabama · 1943
- Lebak v. NelsonIdaho Supreme Court · 1940
- Parsons v. StateAlabama Court of Appeals · 1946
- Lee v. StateAlabama Court of Appeals · 1953
- Leonard v. StateCourt of Criminal Appeals of Alabama · 1979
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