Young v. Bank of Alabama
Supreme Court of Alabama
Wkxt of Error to the County Court of Tuskaloosa. This was a summary proceeding by notice and motion, at the suit of the defendant in error, against the plaintiff, as the acceptor of a bill of exchange. The cause was tried on the pleas of non assumpsit, payment, and set off. On the trial, the defendant excepted to the ruling of the presiding judge.
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Wkxt of Error to the County Court of Tuskaloosa. This was a summary proceeding by notice and motion, at the suit of the defendant in error, against the plaintiff, as the acceptor of a bill of exchange. The cause was tried on the pleas of non assumpsit, payment, and set off. On the trial, the defendant excepted to the ruling of the presiding judge. It appears that the proceeds of forty-eight bales of cotton belonging to the defendant had been appropriated in part payment of the bill, on which the Bank claimed a balance. That the defendant offered a paper purporting to be an account of sales of…
1Opinion of the CourtCollier, C. J.
It is a rule of very general application that where a paper is read by one party, the whole is to be read if required by the adverse party. This rule may be said to be founded upon the reason, that the reading of the entire document is necessary to ascertain with certainty, its real sense and meaning ; and further, that by offering it as an instrument of evidence, its admissibility has been so far affirmed as to preclude objection to it, when introduced by the other side.
In Isaacs v. McGrath, [1 N. & McC. Rep. 563,] the law on this point is thus stated: “ Where papers are called for by one…
2Cited by2 opinions
- Dorn v. St. Louis Public Service Co.Missouri Court of Appeals · 1952
- Brown v. HigginbottomSupreme Court of Alabama · 1851