Espalla & Haynie v. Wilson, Sage & Co.
Supreme Court of Alabama
Appeal from tbe Circuit Court of Mobile. Tried before tbe Hon. Wi. E. Clarke. This action was brought by Wilson, Sage & Co., suing for tbe use of T, H. Cox, against Espalla & Haynie as partners 5 was founded on the defendants’ acceptance of a bill of exchange, drawn on them by W. W. Haughton, and was commenced on March 6th, 1886. The complaint contained the common money counts, and a special count on the acceptance in the statutory form (Code, p. 790, Eorm No. • — ■), except…
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Appeal from tbe Circuit Court of Mobile. Tried before tbe Hon. Wi. E. Clarke. This action was brought by Wilson, Sage & Co., suing for tbe use of T, H. Cox, against Espalla & Haynie as partners 5 was founded on the defendants’ acceptance of a bill of exchange, drawn on them by W. W. Haughton, and was commenced on March 6th, 1886. The complaint contained the common money counts, and a special count on the acceptance in the statutory form (Code, p. 790, Eorm No. • — ■), except that the bill of exchange was set out in full, but without copying the acceptance; and it was added that the bill of…
1Opinion of the CourtClopton, J.
We do not deem it material to consider the demurrer to the special count of the complaint; for, if conceded to be defective, it does not necessarily operate a reversal of the judgment. The complaint contains also the common counts. The special count claims of the defendants as acceptors of a bill of exchange. After following the form in such case prescribed by the Code, the special count sets out, in hcec verba, the draft or bill of exchange sued on, without showing an acceptance written thereon. The plaintiffs may recover under the special or common counts. The only difference is, that under…
2Cases cited5 opinions
- Shakespeare v. AlbaSupreme Court of Alabama · 1884
- Jonas v. FieldSupreme Court of Alabama · 1887
- Dunbar v. SmithSupreme Court of Alabama · 1880
- Lankford v. GreenSupreme Court of Alabama · 1878
- Lewis v. TealSupreme Court of Alabama · 1886
3Cited by7 opinions
- Nelson v. Shelby Manufacturing & Improvement Co.Supreme Court of Alabama · 1893
- Laughran v. BrewerSupreme Court of Alabama · 1896
- Carter v. OdomSupreme Court of Alabama · 1898
- Park-Robertson Hardware Co. v. CopelandAlabama Court of Appeals · 1914
- Abercrombie v. PellSupreme Court of Alabama · 1938
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