Warren v. Gabriel
Supreme Court of Alabama
Apfeal from the Criminal Court of Butler. Tried before the Hon. W. H. Crenshaw. This action was brought by the appellants, suing as partners, to recover the price of goods sold and delivered by them to the defendants. The complaint contained only the common money counts. The cause was tried on issue joined on the pleas of non assumpsit, payment, and accord and satisfaction.
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Apfeal from the Criminal Court of Butler. Tried before the Hon. W. H. Crenshaw. This action was brought by the appellants, suing as partners, to recover the price of goods sold and delivered by them to the defendants. The complaint contained only the common money counts. The cause was tried on issue joined on the pleas of non assumpsit, payment, and accord and satisfaction. There was no controversy about the sale of the goods, or the price; and a partial payment of thirty-three cents on the dollar was admitted, which was paid on a compromise or settlement by tbe defendants with all their…
1Opinion of the CourtPeters, C. J.
The paramount question raised on this record is the right of a party introducing a witness to assail his veracity, without assigning some special reason therefor. It is certainly well settled, that when a party offers a witness in proof of his cause, he thereby, in general, represents him as worthy of belief, and the law will not permit him afterwards to impeach the general character of the witness for truth, or to impugn his credibility by general evidence tending to show him to be unworthy of belief. 1 Greenl. Ev. § 442. This principle has been applied by this court to a party who has…
2Cases cited3 opinions
- Kennedy's Heirs v. Kennedy's HeirsSupreme Court of Alabama · 1841
- Snodgrass v. Branch Bank at DecaturSupreme Court of Alabama · 1854
- Wilson v. MariaSupreme Court of Alabama · 1852
3Cited by8 opinions
- Jebeles-Colias Conf. Co. v. BoozeSupreme Court of Alabama · 1913
- American Pamcor, Inc. v. EvansSupreme Court of Alabama · 1972
- Tourtelotte v. BrownColorado Court of Appeals · 1894
- Williams v. SchaefferSupreme Court of Alabama · 1955
- Municipal Court of the City of Providence v. KirbySupreme Court of Rhode Island · 1907
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