Mitchell v. Sanford
Supreme Court of Alabama
Writ of Error to the Circuit Court of Jefferson. The plaintiff in error declared against the defendant for money had and received, to which the defendant pleaded “ non assumpsitthereupon the cause was submitted to a jury, who returned a verdict for the defendant, and judgment was rendered accordingly.
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Writ of Error to the Circuit Court of Jefferson. The plaintiff in error declared against the defendant for money had and received, to which the defendant pleaded “ non assumpsitthereupon the cause was submitted to a jury, who returned a verdict for the defendant, and judgment was rendered accordingly. From a bill of exceptions sealed at the plaintiff’s instance, it appears that the plaintiff was indebted to the defendant previous to the commencement of this suit, between one and two hundred dollars by promissory note, and handed to the defendant seventy-five dollars, which he intended should…
1Opinion of the CourtCollier, C. J.
The case of De Sylva v. Henry, 3 Por. Rep. 132, we think is not distinguishable from the present. There the plaintiff paid to the defendant the sum of money, which was intended to be applied, as a partial payment of a note, which the latter had against him, but which was never thus applied ; afterwards, the defendant sued the plaintiff on the note, and recovered a judgment for the full amount. *697The court said, that as to the sum paid on the note, it was clear that the plaintiff could not recover it back — “ he should have made this a part of the defence when sued on the note.” In Broughton v.…
2Cases cited1 opinion
- Broughton v. McIntoshSupreme Court of Alabama · 1840
3Cited by2 opinions
- Burbank v. NorrisSuperior Court of New Hampshire · 1807
- Chenault's Administrators v. WalkerSupreme Court of Alabama · 1853