Courter v. Pierson

The opinion of the court was delivered by

Pitney, J.

This is an action upon contract brought for the recovery of two claims, viz.: First, plaintiff claimed, as assignee of one Morey, to be entitled to recover from the defendant, Pierson, the sum of $5,000 and interest for moneys intended to be loaned by Morey to an Alabama corporation known as the Southern Cement Company, and alleged to have been appropriated by Pierson to his own use, he being the intermediary through whom the loan was to reach tire com*394pany. Secondly, Courter claimed to be entitled to recover in his own right against Pierson…