Thornton v. Strauss & Steinhardt
Supreme Court of Alabama
Appeal from the Circuit Court of Butler. Tried before the Hon. John P. PIubbard. This action was brought by S. PI. Thornton, against Strauss & Steinhardt as partners, and was commenced on the 19th March, 1884. The complaint contained but a single count, which claimed $150 as money had and received. The only plea was the general issue.
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Appeal from the Circuit Court of Butler. Tried before the Hon. John P. PIubbard. This action was brought by S. PI. Thornton, against Strauss & Steinhardt as partners, and was commenced on the 19th March, 1884. The complaint contained but a single count, which claimed $150 as money had and received. The only plea was the general issue. Cn all the evidence adduced on the trial, which is set out in the bill of exceptions, and also substantially in the opinion of this court, the court charged the jury, that they must find for the defendants, if they believed the evidence. The plaintiff excepted…
1Opinion of the CourtStone, C. J.
S. IT. Thornton, on the eighth day of January, 1880, sold and conveyed a tract of land to Allen and William Baugh, receiving four hundred dollars of the purchase-money in cash, and taking their interest-bearing notes for the balance — five hundred dollars, due first of October, 1880, and three hundred due first of October, 1881; and there was a provision that, in the event the note first to fall due was not paid in full at maturity, then the whole of the purchase-money should be due and demaudable. Contemporaneously with the execution of the deed, the Baughs reconveyed the lands to Thornton…
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