Hertz v. Montgomery Journal Publishing Co.
Alabama Court of Appeals
Appeal from Montgomer.y City Court. Heard before Hon. Gaston Gunter. Assumpsit by Sophia Hertz against the Montgomery Journal Publishing Company on the common counts, and under a special contract.
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Appeal from Montgomer.y City Court. Heard before Hon. Gaston Gunter. Assumpsit by Sophia Hertz against the Montgomery Journal Publishing Company on the common counts, and under a special contract. Judgment for defendant and plaintiff appeals'. The main question in this case is whether the pleas of appellant were sufficient as picas of accord and satisfaction, and appellant contends that they -were insufficient because not in full settlement and satisfaction of appellant’s demand, being merely in full settlement of the second prize. — 1 Cyc. 312ffi 332, et seq; ST 111. App. 586; 62 L. R. A.…
1Opinion of the Court
THOMAS, J. —
This record is incumbered with a larg’e amount of unnecessary pleading. The complaint as filed by the appellant (plaintiff below) contains in all eight counts, three of which were the common counts and five of which are special counts, setting up in varying phraseology several alleged breaches of a newspaper contest conducted by the appellee, in which appellant was a contestant. All the demurrers, containing some 49 grounds, to the complaint, were overruled; whereupon the defendant filed 24 pleas, the first 2 being the general issue aud the others special pleas. A large number of…
2Cases cited12 opinions
- Lake Shore & Michigan Southern Railway Co. v. RichardsIllinois Supreme Court · 1894
- Brigham & Co. v. CarlisleSupreme Court of Alabama · 1884
- Hand Lumber Co. v. HallSupreme Court of Alabama · 1906
- Zuck v. McClure & Co.Supreme Court of Pennsylvania · 1881
- Badders & Britt v. DavisSupreme Court of Alabama · 1889
7 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Moore v. WilliamsonSupreme Court of Alabama · 1925
- Vinyard v. Republic Iron & Steel Co.Supreme Court of Alabama · 1921
- Trammell v. RobinsonAlabama Court of Appeals · 1948
- Kentucky Central Life & Accident Insurance v. BurrsCourt of Appeals of Kentucky (pre-1976) · 1934
- Johnson v. McFryAlabama Court of Appeals · 1915
6 more not listed; retrieve them via the Exa API.