Capital Security Co. v. Holland
Alabama Court of Appeals
Appeal from Montgomery City Court. Heard before Hon. Gaston Gunter. Assumpsit by George W. Holland against the Capital Security Company. From a judgment on the pleadings adverse to it, defendant appeals. A rescission cannot be had even in case of fraud, where there has been a want of common and ordinary diligence. —Steele v. Kimball, 3 Ala. 352; Dean v. Oliver, 131 Ala. 634; Day v. Higdon, 162 Ala. 530; lsí Hat.
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Appeal from Montgomery City Court. Heard before Hon. Gaston Gunter. Assumpsit by George W. Holland against the Capital Security Company. From a judgment on the pleadings adverse to it, defendant appeals. A rescission cannot be had even in case of fraud, where there has been a want of common and ordinary diligence. —Steele v. Kimball, 3 Ala. 352; Dean v. Oliver, 131 Ala. 634; Day v. Higdon, 162 Ala. 530; lsí Hat. Bank v. Allen, 100 Ala. 476. Demurrers should have been sustained to replications 2 and 3. — 31 Cyc. 764; Storer v. Flower, 120 la. 514; Jones v. People, 130 Ala. 270; Ciarle v.…
1Opinion of the CourtPelham, J.
The appellee brought this suit against the appellant on the common counts for money had and received, and while -the case was pending in the city court of Montgomery on appeal from the inferior court of Montgomery the pleadings hereinafter referred to were filed and rulings made that we shall discuss.
The defendant filed a plea of the general issue and numerous special pleas, among other pleas setting up the “investment contract” under the terms and conditions of which the plaintiff paid the money sought to be recovered to the defendant in this suit. The special pleas last mentioned allege…
2Cases cited21 opinions
- Prestwood v. CarltonSupreme Court of Alabama · 1909
- Elliott v. HowisonSupreme Court of Alabama · 1906
- Birmingham Railway, Light & Power Co. v. JordanSupreme Court of Alabama · 1910
- Stephenson v. AllisonSupreme Court of Alabama · 1898
- Townsend v. CowlesSupreme Court of Alabama · 1858
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3Cited by6 opinions
- Gorman-Gammill Seed & Dairy Supply Co. v. CarlisleSupreme Court of Alabama · 1929
- Capital Securities Co. v. GilmerSupreme Court of Alabama · 1914
- Tidgwell v. BoumaSupreme Court of Iowa · 1916
- Mortgage Bond Co. of New York v. CarterSupreme Court of Alabama · 1935
- Ginzler v. City of BirminghamAlabama Court of Appeals · 1913
1 more not listed; retrieve them via the Exa API.