Strawbridge v. Spann
Supreme Court of Alabama
Writ of Error to the County Court of Dalias. This was an action of assumpsit at the suit of the defendant in error, for goods wares and merchandize, sold and delivered, and upon an account stated, &c. The cause was tried upon issues on the pleas of non-assumpsit, set off, payment, and fraud; a verdict was returned for the plaintiff and judgment rendered accordingly. On the trial'the defendant excepted to the ruling of the Court.
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Writ of Error to the County Court of Dalias. This was an action of assumpsit at the suit of the defendant in error, for goods wares and merchandize, sold and delivered, and upon an account stated, &c. The cause was tried upon issues on the pleas of non-assumpsit, set off, payment, and fraud; a verdict was returned for the plaintiff and judgment rendered accordingly. On the trial'the defendant excepted to the ruling of the Court. It is shown by the bill of exceptions that the plaintiff offered to read to the jury the deposition of Jesse Israel, that the defendant objected to its admission on…
1Opinion of the CourtCollier, C. J.
The witness, both upon the preliminary examination, and throughout his entire deposition, disavowed all interest in the result of the suit; the facts disclosed by him do not contradict his disavowal ; consequently, the decision of the Court, in favor of his competency, we think was correct.
It was clearly competent to inquii’e whether an account shown to the witness was not charged to the defendant by the dix-ec-tions of the latter, and if so, whether it was not correct. He may from memory, without reference to any written memoran-da, have been prepax'ed to vouch its correctness ; and even…
2Cases cited2 opinions
- Scott v. CraneSupreme Court of Connecticut · 1814
- James v. StookeyU.S. Circuit Court for the District of Pennsylvania · 1806
3Cited by3 opinions
- Mobile Light & R. R. v. Walsh, C.Supreme Court of Alabama · 1906
- Franklin Bank v. StewardSupreme Judicial Court of Maine · 1853
- Gilbert v. BradfordSupreme Court of Alabama · 1849