Calloway v. Varnner
Supreme Court of Alabama
Action on Promissory Note ;■ Plea of Set-Off. Appeal from the Circuit Court of Coosa. Tried before the Hon. James E. Cobb.
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Action on Promissory Note ;■ Plea of Set-Off. Appeal from the Circuit Court of Coosa. Tried before the Hon. James E. Cobb. This action was brought by Esselman Yarner, against George W. Calloway, was commenced on the 2d April, 1883, and was founded on the defendant’s promissory note for $500, which was dated the 4th March, 1872, and payable on the 1st January, 1877. The defendant pleaded the statute of limitations, payment, and set-off; and the cause was tried on issue joined on these several pleas. “ On the trial,” as the bill of exceptions states, the plaintiff read in evidence the note sued…
1Opinion of the CourtClopton, J.
While the defendant was undergoing examination as a witness in his own behalf, the court refused to allow him, for the purpose of refreshing his recollection, to refer to a copy of original entries of payments on the note sued on, made by him in a book at the times the payments were severally made, which he stated was an exact copy.
Although a witness must testify, to facts within his own knowledge, he may, while under examination, refer, for the purpose of assisting or refreshing his memory, to a memorandum made at or near the time of the occurrence of the facts, whether made by him, or by…
2Cases cited6 opinions
- Acklen's v. HickmanSupreme Court of Alabama · 1879
- Marcly v. . ShultsNew York Court of Appeals · 1864
- Chicago & Alton Railroad v. AdlerIllinois Supreme Court · 1870
- Harrison v. MiddletonSupreme Court of Virginia · 1854
- Bullock v. HunterCourt of Appeals of Maryland · 1876
1 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Kipp v. SilvermanMontana Supreme Court · 1901
- Roll v. DockerySupreme Court of Alabama · 1929
- Penney v. WarrenSupreme Court of Alabama · 1927
- Howell v. CardenSupreme Court of Alabama · 1891
- Weigel v. Powers Elevator Co.North Dakota Supreme Court · 1923
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