Commercial Credit Co. v. Andrews

Alabama Court of Appeals

Commercial Credit Co. v. Andrews

116 So. 310, 22 Ala. App. 413, 1928 Ala. App. LEXIS 99

CourtAlabama Court of Appeals

DecidedApril 3, 1928

Docket4 Div. 329.

StatusPublished

This text of 116 So. 310 (Commercial Credit Co. v. Andrews) is published on Counsel Stack Legal Research, covering Alabama Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Commercial Credit Co. v. Andrews, 116 So. 310, 22 Ala. App. 413, 1928 Ala. App. LEXIS 99 (Ala. Ct. App. 1928).

Pincite

Opinion

RICE, J.

The sufficiency of the complaint was not tested by demurrer. Upon the conclusion of the testimony, the trial judge gave at appellee’s request the general affirmative charge in his favor. In this there was no error. Even if the complaint, or any of the counts thereof, was sufficient as against appropriate demurrer, which we dp not decide, we do not find any evidence supporting the allegation that defendant’s alleged statement, that “we have always found Mr. Canter to be perfectly reliable,” was false. What witness Chapman would have testified as to the reputation of Mr. Canter could have had no bearing upon the truth vel non of appellee’s statement, the alleged falsity of which is the basis of appellant’s claim.

The judgment is affirmed.

Affirmed.

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RICE, J.

The sufficiency of the complaint was not tested by demurrer. Upon the conclusion of the testimony, the trial judge gave at appellee’s request the general affirmative charge in his favor. In this there was no error. Even if the complaint, or any of the counts thereof, was sufficient as against appropriate demurrer, which we dp not decide, we do not find any evidence supporting the allegation that defendant’s alleged statement, that “we have always found Mr. Canter to be perfectly reliable,” was false. What witness Chapman would have testified as to the reputation of Mr. Canter could have had no bearing upon the truth vel non of appellee’s statement, the alleged falsity of which is the basis of appellant’s claim.

The judgment is affirmed.

Affirmed.

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Bluebook (online)

116 So. 310, 22 Ala. App. 413, 1928 Ala. App. LEXIS 99, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commercial-credit-co-v-andrews-alactapp-1928.