Ware, Murphy & Co. v. Morgan & Duncan
Supreme Court of Alabama
Action 07i Promissot'y Note. Appeal from Talladega Circuit Court. Tried before Hon. John Henderson. This action was brought on a promissory note for $1,040, made on November 15th, 1870, by tbe appellees, Morgan & Duncan, and payable to the appellants, Ware, Murphy & Co. On tbe trial, the plaintiffs, Ware, Murphy & Co., read this note in evidence, and the defendants introduced A. W. Duncan, a member of tbe firm of Morgan & Duncan-, as a witness, who testified that, during…
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Action 07i Promissot'y Note. Appeal from Talladega Circuit Court. Tried before Hon. John Henderson. This action was brought on a promissory note for $1,040, made on November 15th, 1870, by tbe appellees, Morgan & Duncan, and payable to the appellants, Ware, Murphy & Co. On tbe trial, the plaintiffs, Ware, Murphy & Co., read this note in evidence, and the defendants introduced A. W. Duncan, a member of tbe firm of Morgan & Duncan-, as a witness, who testified that, during 1869 and 1870, said firm was engaged in business at Selma, Alabama ; that their business was trading in cotton ; that…
1Opinion of the CourtBrickell, C. J.
— 1. In the course of his examination in chief, the witness Duncan stated that while in New York he received a letter from Street, the contents of which he stated, *466and in which was enclosed exchange for five hundred dollars, to be turned over to the plaintiffs, Ware, Murphy & Co. The plaintiffs objected to the statement because there was no evidence of the genuineness of the letter or of the exchange, neither of which were produced, or an account given for their absence. One of the facts intended to be shown by this evidence was the payment to the plaintiffs by Street of five hundred dollars…
2Cases cited8 opinions
- Prater v. MillerSupreme Court of Alabama · 1854
- Newman v. SylvesterIndiana Supreme Court · 1873
- Underwood v. LovelaceSupreme Court of Alabama · 1878
- Clemens v. LogginsSupreme Court of Alabama · 1840
- Allen v. PraterSupreme Court of Alabama · 1857
3 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Sovereign Camp, W. O .W. v. HoomesSupreme Court of Alabama · 1929
- Torrey v. BurneySupreme Court of Alabama · 1896
- Lutz v. Van Heynigen Brokerage Co.Supreme Court of Alabama · 1917
- Alabama National Bank v. HalseySupreme Court of Alabama · 1895
- Alabama Great Southern R. R. v. YarbroughSupreme Court of Alabama · 1887
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