Clemens v. Patton
Cases that cite this one
2 later published cases cite this decision.
- Sharp v. Blanton (Ala. 1915)
- Avery's Executors v. Avery (Ala. 1873)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
can be no! doubt that the evidence Was correctly admitted.
The rule is thus laid down by Mr. Starkie, 639, 1 voL “Entries made in the hand writing of an agent, usually employed in the delivery of goods, and made in the ordinary ■ ourse of business, of the1 delivery of particular goods to the defendant, are evidence of the fact, after his
Lord Ellenborough, in the case of Doe vs. Robson, (15 East’s Rep. 32,) puts the. reception of evidence of this character on the ground of “ the total absence of interest in the person making the entry to pervert the fact, and at the same time, a competency in him to know it.”
The precise question determined in this case, was decided in the case of King vs. Maddux’s ex’rs, (7 Harris & Johnson, 407.)
Let the judgment be affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.