Loventhal & Son v. Morris
Supreme Court of Alabama
Appeal from the'Circuit Court of Limestone. Tried before the Hon. H. C. Speaks. This was an action by the appellants, B. B. Loventhal & Son, against the appellee, Hassie L. Morris, upon a stated account, and was commenced May 17, 1892. Issue was joined upon the plea of the general issue, and upon the special pleas of the statute of limitations of three years, and the statute of limitatidnAof six years.
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Appeal from the'Circuit Court of Limestone. Tried before the Hon. H. C. Speaks. This was an action by the appellants, B. B. Loventhal & Son, against the appellee, Hassie L. Morris, upon a stated account, and was commenced May 17, 1892. Issue was joined upon the plea of the general issue, and upon the special pleas of the statute of limitations of three years, and the statute of limitatidnAof six years. On the trial of the case, as is shown by the bill "of exceptions, the plaintiffs introduced in evidence the following statement of their account with the said defendant, which was verified by…
1Opinion of the CourtColeman, J.
Plaintiffs, Loventhal & Son, sued the defendant upon a stated account, to recover one hundred and fifty-five dollars. The complaint contains six counts, each counting for the same amount, and all upon a stated account, averring different times at which it is alleged the account was stated between the parties, the last being the 15th day of November, 1887. The account sued upon as a stated account appears in the statement of facts, and will show for itself.
An open account is one in which some item in the contract is left open, undetermined by the parties ; or where there are current dealings…
2Cases cited11 opinions
- Burns v. CampbellSupreme Court of Alabama · 1882
- Nooe's v. Garner's Adm'rSupreme Court of Alabama · 1881
- Langdon v. Roane's Adm'rSupreme Court of Alabama · 1844
- Rice v. Schloss & KahnSupreme Court of Alabama · 1890
- Gayle's Adm'r v. JohnstonSupreme Court of Alabama · 1882
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3Cited by27 opinions
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- Cook & Laurie Contracting Co. v. BellSupreme Court of Alabama · 1912
- Denson v. Kirkpatrick Drilling Co.Supreme Court of Alabama · 1932
- Comer & Co. v. Way & EdmundsonSupreme Court of Alabama · 1894
- Pollack v. Gunter & GunterSupreme Court of Alabama · 1909
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