Memphis & Charleston Railroad v. Maples
Supreme Court of Alabama
Appeal from the Circuit Court of Jackson. Tried before the Hon. Louis Wyeth. This action was brought by the appellant, “ a body corporate under a charter from the.States of Tennessee, Mississippi, and Alabama,” against Moses Maples and Prank E. Cotten; was commenced on the 5th February, 1872, and was founded on a penal bond executed by the defendants as sureties, together with Samuel E. Kennamore, their principal, since deceased; which bond was dated the 4th May, 1868, and…
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Appeal from the Circuit Court of Jackson. Tried before the Hon. Louis Wyeth. This action was brought by the appellant, “ a body corporate under a charter from the.States of Tennessee, Mississippi, and Alabama,” against Moses Maples and Prank E. Cotten; was commenced on the 5th February, 1872, and was founded on a penal bond executed by the defendants as sureties, together with Samuel E. Kennamore, their principal, since deceased; which bond was dated the 4th May, 1868, and was conditioned for the faithful discharge by said Kennamore, as the plaintiff’s agent at Paint Rock, of all the duties…
1Opinion of the CourtStone, J.
The testimony of the witness, Cruse, if he had knowledge of the matters whereof he spoke, was very inartificially taken. All he attests in reference to the account of Kennamore with the railroad, both debit and credit, he derives from the books in his office, as he himself testifies. When asked if he, from his memory, and without reference *607to his books, could give the state of account between the railroad company and Kennamore, its agent, he answered, that' he could not. If he had shown that he himself had made the entries in the books, and had knowledge of their correctness when he made…
2Cases cited8 opinions
- Grey v. Mobile Trade Co.Supreme Court of Alabama · 1876
- Magee v. BillingsleySupreme Court of Alabama · 1842
- Governor v. CampbellSupreme Court of Alabama · 1850
- McCreary v. TurkSupreme Court of Alabama · 1856
- Mobile Life Ins. v. WalkerSupreme Court of Alabama · 1877
3 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Potts v. ColemanSupreme Court of Alabama · 1888
- Stewart v. Sloss-Sheffield Steel & Iron Co.Supreme Court of Alabama · 1910
- Cone v. RaganSupreme Court of Alabama · 1972
- Louisville & Nashville Railroad v. CarlSupreme Court of Alabama · 1890
- Edmunds v. CurtisSupreme Court of Colorado · 1885
6 more not listed; retrieve them via the Exa API.