Garrow v. Salles

Decided July 15, 1828

Supreme Court of Alabama · decided 1828-07-15

This was an action of -assumpsit in Mobile Circuit Court, by Garrow against Salles, for the price of a quantity of lumber. The plaintiff proved that he had lumber in the hands of one Kennedy, and that he had drawn an order for it in favor of the defendant, and that the defendant had received it under this order. The quantity of lumber received and its value was proved. The order was In writing, but was not produced.

Decided 1828-07-15

JUDGE CRENSHAW

¶1delivered the opinion of the Court.

¶2We are of opinion, that an order requesting the delivery of lumber or other specific article, and not purporting to have been for value received, or not containing any acknowledgement of a debt, is not even presumptive evidence of an indebtedness of the drawer to the payee or holder of the order. We think that on the evidence as presented by the bill of exceptions, the plaintiff ought to have recovered the value of the lumber received of him through Kennedy by the defendant.

¶3The judgement is reversed and the cause remanded.

The Chiee Justice not sitting.