Jasper Mercantile Co. v. O'Rear
Supreme Court of Alabama
Appeal from the Circuit Court of Walker. Tried before the Hon. James J. Banks. This was an action brought by the appellant, the Jasper Mercantile Company, a corporation, against Martin O’Rear, and counted upon an account. The defendant pleaded the general issue, payment, and the following special pleas: “4th.
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Appeal from the Circuit Court of Walker. Tried before the Hon. James J. Banks. This was an action brought by the appellant, the Jasper Mercantile Company, a corporation, against Martin O’Rear, and counted upon an account. The defendant pleaded the general issue, payment, and the following special pleas: “4th. The defendant, for further defense to the action of plaintiff, says that at the time said action was commenced, the plaintiff was indebted to G. D. O’Rear and Martin O’Rear, merchant co-partners trading under the firm name of G. D. O’Rear & Company, in the sum of one hundred dollars by…
1Opinion of the CourtMcCLELLAN, J.
The claim of O’Rear &Co. against the Mercantile Co. could not be split up so as to allow Martin O’Rear to set off apart of it against the account of the Mercantile Co. sued on in this case without the consent of the latter. The evidence for the defendant tended to show such consent, but there were contrary tendencies of the testimony. Similarly there was conflict in the evidence as to the scope of the agreement entered into by Lemert and G. D. O’Rear, representing respectively the Mercantile Co. and the O’Rear partnership. The tendency on the one hand was to show that the Mercantile Co. was…
2Cited by33 opinions
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- Memphis & Charleston Railroad v. MartinSupreme Court of Alabama · 1901
- St. Louis & Tennessee River Packet Co. v. McPetersSupreme Court of Alabama · 1899
- Alabama Midland Railway Co. v. BrownSupreme Court of Alabama · 1900
- Herrington v. HudsonSupreme Court of Alabama · 1955
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