Rice v. Schloss & Kahn
Supreme Court of Alabama
Appeal from the City Court of Montgomery. Tried before the Hon. Ti-ios. M. Arrington. This action was brought by Schloss & Kahn, merchants and partners- in trade, doing business in the city of Montgomery, against Mrs. Mattie J. Bice, as administratrix of the estate of her deceased husband, Dan.
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Appeal from the City Court of Montgomery. Tried before the Hon. Ti-ios. M. Arrington. This action was brought by Schloss & Kahn, merchants and partners- in trade, doing business in the city of Montgomery, against Mrs. Mattie J. Bice, as administratrix of the estate of her deceased husband, Dan. S. Bice; and was. commenced on the 28th January, 1889. The complaint contained only the common counts, (1) for goods sold and delivered by plaintiffs to defendant’s intestate during the years 1885-7, (2) on account, (3) on a stated account, (4) for money had and received, and (5) for money loaned. The…
1Opinion of the CourtMcOLELLAN, J.
It has been suggested in argument, that certain papers, evidencing payments by defendant’s intestate to the plaintiffs, which are made exhibits 1, 2, 3,4, 5 and 6. to the bill of exceptions, do not appear to have been read in evidence, and hence can not be considered in reviewing the charges given and refused on the trial below. It is true that-the only positive statement contained in the bill of exceptions-on the point is, that “ the defendant then offered to read in evidence to the jury the originals of which said exhibits ‘ 1 ’’ c 2,’ ‘ 3,’ £ 4,’ £ 5,’ etc. are copies ; ” and it may be…
2Cases cited6 opinions
- Snider v. BurksSupreme Court of Alabama · 1887
- Holland v. BarnesSupreme Court of Alabama · 1875
- Hussey v. StateSupreme Court of Alabama · 1888
- Mobile Savings Bank v. McDonnellSupreme Court of Alabama · 1889
- Hirschfelder v. Levy & Co.Supreme Court of Alabama · 1881
1 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Denson v. Kirkpatrick Drilling Co.Supreme Court of Alabama · 1932
- Loventhal & Son v. MorrisSupreme Court of Alabama · 1893
- Callaway & Truitt v. GaySupreme Court of Alabama · 1904
- Pollak v. WinterSupreme Court of Alabama · 1910
- Rarden v. CunninghamSupreme Court of Alabama · 1902
21 more not listed; retrieve them via the Exa API.