White v. W. B. Bean & Co.
Alabama Court of Appeals
Appeal from Circuit Court, Morgan County ; R. C. Brickell, Judge. Assumpsit on an account by W. B. Bean & Co. against J. R. White. Judgment for plaintiff, and defendant appeals. The following are the assignments of error referred to: (3) Overruling demurrers to counts 5 and 6 of the complaint. (4) Overruling demurrer No. 4 to the same counts. (13) Overruling demurrer No. 8 to the complaint.
Read the full summary
Appeal from Circuit Court, Morgan County ; R. C. Brickell, Judge. Assumpsit on an account by W. B. Bean & Co. against J. R. White. Judgment for plaintiff, and defendant appeals. The following are the assignments of error referred to: (3) Overruling demurrers to counts 5 and 6 of the complaint. (4) Overruling demurrer No. 4 to the same counts. (13) Overruling demurrer No. 8 to the complaint. (2) Overruling demurrer No. 2 to counts 5 and 6. (7) Overruling demurrer No. 2 to the complaint. (11) Overruling demurrer No. 6 to the complaint. (12) Overruling demurrer No. 7 to the complaint. (13)…
1Opinion of the Court
SAMFOBD, X
[1] Where the plaintiff sold goods to the defendant, and all of the goods were charged to the defendant, though under separate heads, so as to show to what particular enterprise of the defendant the goods were purchased for, there was but one account, and the dividing of the items under different heads did not constitute them different causes of action. Therefore assignments of error 3, 4, and 13 are not well taken.
[2] The counts did allege that the accounts sued on were due at the time of the bringing of the suit, and hence the demurrer that the counts did not allege when the…
2Cases cited7 opinions
- Nay v. . CurleyNew York Court of Appeals · 1889
- Stimson v. . VromanNew York Court of Appeals · 1885
- Smythe v. Dothan F. & M. Co.Supreme Court of Alabama · 1910
- Donaldson v. WilkersonSupreme Court of Alabama · 1910
- Kelly v. BurkeSupreme Court of Alabama · 1902
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Kalevas v. FergusonSupreme Court of Alabama · 1927
- Penney v. GrantAlabama Court of Appeals · 1918