Houston Nat. Bank v. Eldridge
Alabama Court of Appeals
Appeal from Circuit Court, Houston County; i-i. A. Pearce, Judge. Action by Mrs. M. W. Eldridge against the Plouston National Bank of Dothan for money' had and received. Judgment for plaintiff, and defendant appeals.
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Appeal from Circuit Court, Houston County; i-i. A. Pearce, Judge. Action by Mrs. M. W. Eldridge against the Plouston National Bank of Dothan for money' had and received. Judgment for plaintiff, and defendant appeals. Appellee, through her husband, N. T. Eldridge, sold a parcel of land to one W. C. Fritter for $1,000, and in settling with N. T. Eldridge, with whom all negotiations were had, Fritter deducted $150 due by N. T. Eldridge for rent of some land, gave Eldridge two checks, one for $150 on Dothan National Bank, and one for $200 on First National Bank of Dothan, drawn to the order of…
1Opinion of the CourtSamford, J.
The plaintiff’s claim rested upon the fact that there had been deposited with the defendant for her and for collection two promissory notes payable to her and aggregating $500; that this money had been collected by defendant and never paid to her, •or to her order or used for her benefit. The defendant filed pleas undertaking to set up ■an estoppel in pais against the plaintiff, and now assigns as error the rulings of the court in sustaining the demurrers to pleas 7, 8, and 9, together with other assignments as to the admissibility of evidence which will be treated later.
[1-5] An “.estoppel,”…
2Cases cited9 opinions
- Holland v. . AlcockNew York Court of Appeals · 1888
- Going v. Alabama Steel & Wire Co.Supreme Court of Alabama · 1904
- Nelson v. KellySupreme Court of Alabama · 1890
- Southern Railway Co. v. CunninghamSupreme Court of Alabama · 1907
- Bain v. WellsSupreme Court of Alabama · 1894
4 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Smith v. KennedyAlabama Court of Appeals · 1966
- City of Mobile v. GeorgeSupreme Court of Alabama · 1950
- Woodmen of the World Life Ins. Soc. v. GreathouseSupreme Court of Alabama · 1942
- Buford v. MochySupreme Court of North Carolina · 1944