Sledge v. Swift, Murphy & Co.
Supreme Court of Alabama
Appeal from City Court of Lee. Tried before Hon. John M. Chilton. Swift, Murpby & Co., a firm composed of G. P. Swift, Sr., G. P. Swift, Jr., Samuel G. Murphy and Lewis W. Isbell, brought this suit against J. C. Sledge and Sarah Sledge, to recover the amount of a promissory note made by the defendants. The defendants pleaded payment and ¡'several pleas of set-off.
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Appeal from City Court of Lee. Tried before Hon. John M. Chilton. Swift, Murpby & Co., a firm composed of G. P. Swift, Sr., G. P. Swift, Jr., Samuel G. Murphy and Lewis W. Isbell, brought this suit against J. C. Sledge and Sarah Sledge, to recover the amount of a promissory note made by the defendants. The defendants pleaded payment and ¡'several pleas of set-off. The first plea of set-off avers that the plaintiffs are indebted to the defendants in the sum of five thousand dollars for a thousand bales of cotton shipped them as warehousemen, by defendants in the fall and winter of 1872 and the…
1Opinion of the CourtBrickell, C. J.
Under the English statute of set-off, of which the statute of this State, prior to the code, was a .substantial copy, unliquidated damages though arising from a breach of contract were not the subject of set-off. Dunn v. McCurdy, 1 Ala. 645; McCord v. Williams, 2 Ala. 71; Hundley v. Dodson, 7 Ala. 359. The demands allowed as a set-off, must have been recoverable in indebitatus assumpsit. George v. E. & M. R. Co., 8 Ala. 234; Brazier v. Fortune, 10 Ala. 516. Damages resulting from a breach of contract, were deemed unliquidated, when the parties had not provided, or the laws did not provide a…
2Cases cited23 opinions
- Holley v. YoungeSupreme Court of Alabama · 1855
- Gibson v. MarquisSupreme Court of Alabama · 1857
- Butts v. CollinsCourt for the Trial of Impeachments and Correction of Errors · 1834
- Bell v. ThompsonSupreme Court of Alabama · 1859
- Crawford v. Executors of SimontonSupreme Court of Alabama · 1838
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3Cited by21 opinions
- Lippitt v. Thames Loan & Trust Co.Supreme Court of Connecticut · 1914
- Moore v. HeinekeSupreme Court of Alabama · 1898
- J. C. Lysle Milling Co. v. North Alabama Grocery Co.Supreme Court of Alabama · 1917
- Mary Lee Coal & Railway Co. v. ChamblissSupreme Court of Alabama · 1892
- Wefel v. StillmanSupreme Court of Alabama · 1907
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