Griel Bros. v. Pollak
Supreme Court of Alabama
Appeal from the Circuit Court of Montgomery. Tried before the Hon. John R. Tyson. Harmon Brothers were merchants in Union Springs, Ala., up to the latter part of January, 1886. At that date they sold and conveyed their stock of goods to their father, John Harmon, upon the alleged consideration of an indebtedness to Mm in an amount equal to or exceeding their full value.
Read the full summary
Appeal from the Circuit Court of Montgomery. Tried before the Hon. John R. Tyson. Harmon Brothers were merchants in Union Springs, Ala., up to the latter part of January, 1886. At that date they sold and conveyed their stock of goods to their father, John Harmon, upon the alleged consideration of an indebtedness to Mm in an amount equal to or exceeding their full value. John Harmon was placed in possession, and was in possession and control of the goods on or about January 5, 1887, when appellee, Poliak, caused an attachment, issued at Ms suit against Harmon Brothers for $723.45, the amount…
1Opinion of the CourtHaralson, J.
1. In the transcript presented, there is but one count in the complaint, and that a special one. The judgment entry recites, that the complaint was amended by adding the common counts, and counsel on both sides in their briefs, treat the complaint as containing a count for money had and received, and so, therefore, will we.
There was no error in overruling the defendant’s demurrer to the special count. The facts averred constitute an action in assumpsit.—Whilden v. M. & P. N. Bank, 64 Ala. 1; Mobile Life Ins. Co. v. Randall, 74 Ala. *254170; Sharpe v. N. Bank of Birmingham, 87 Ala. 648.
2.…
2Cases cited7 opinions
- Mobile Life Insurance v. RandallSupreme Court of Alabama · 1883
- Whilden & Sons v. Merchants' & Planters' National BankSupreme Court of Alabama · 1879
- Fox v. Northern LibertiesSupreme Court of Pennsylvania · 1841
- Sharpe v. National BankSupreme Court of Alabama · 1888
- Screws v. WatsonSupreme Court of Alabama · 1872
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Metcalf v. MetcalfSupreme Court of Alabama · 1925
- Local Trademarks, Inc. v. RogersDistrict Court, N.D. Alabama · 1947