West, Oliver & Co. v. Ball
Supreme Court of Alabama
Writ of Error to the Circuit Court of Montgomery. This was an action of assumpsit at the suit of the plaintiffs in error, to recover of the defendants the difference in value between a sum of money collected by them as attorneys at law for the plaintiffs, in bills of the Bank of the State of Alabama and its branches, and specie funds. The declaration also contained the common counts.
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Writ of Error to the Circuit Court of Montgomery. This was an action of assumpsit at the suit of the plaintiffs in error, to recover of the defendants the difference in value between a sum of money collected by them as attorneys at law for the plaintiffs, in bills of the Bank of the State of Alabama and its branches, and specie funds. The declaration also contained the common counts. The cause was tried by a jury, who returned a verdict for the defendants, and judgment was rendered accordingly. From a bill of exceptions sealed at the instance of the plaintiffs, it appears that they had…
1Opinion of the CourtCollier, C. J.
In Gullett v. Lewis, 3 Stew. Rep. 23, it was said, that an attorney at law is the agent of his client, and when a note is placed in his hands to collect, the only power granted to him is to receive the money, if the debtor will' pay it, or to enforce its payment by suit; and consequently he has no right to dispose of the demand in payment of his own debt, or to accept any thing in discharge of the liability but cash. [See also Cook & Lamkin v. Bloodgood, use, &c. 7 Ala. Rep, 683.] . It has been decided, that, a paper medium of currency is not money. [Lange v. Kohne, 1 McCord’s Rep. 115.] And…
2Cases cited7 opinions
- Gullett v. LewisSupreme Court of Alabama · 1830
- Wood v. Hickok & HamiltonNew York Supreme Court · 1829
- President of Hallowell & Augusta Bank v. HowardMassachusetts Supreme Judicial Court · 1816
- Haynes v. WheatSupreme Court of Alabama · 1846
- Price v. WhiteSupreme Court of Alabama · 1846
2 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Robinson v. MurphySupreme Court of Alabama · 1881
- Berk v. State Ex Rel. ThompsonSupreme Court of Alabama · 1932
- Senn v. JosephSupreme Court of Alabama · 1894
- Sloss-Sheffield Steel & Iron Co. v. NationsSupreme Court of Alabama · 1938
- Hall v. HallSupreme Court of Alabama · 1869
9 more not listed; retrieve them via the Exa API.