Trustees of Howard College v. Turner
Supreme Court of Alabama
Appeal from Perry Circuit Court. Tried before Hon. Joi-iN Moobe. This action was commenced on 22d August, 1876, by Matthew Turner against The Trustees of Howard College, a corporation, for the recovery o,f damages for the alleged breach of an agreement evidenced by a certificate of permanent scholarship issued by said corporation.
Read the full summary
Appeal from Perry Circuit Court. Tried before Hon. Joi-iN Moobe. This action was commenced on 22d August, 1876, by Matthew Turner against The Trustees of Howard College, a corporation, for the recovery o,f damages for the alleged breach of an agreement evidenced by a certificate of permanent scholarship issued by said corporation. The Circuit Court charged the jury ex mero motu, among ■other things, in substance, that if they found from the evidence and the law as given to them by the court, that the plaintiff was entitled to recover, then he was entitled to recover damages from the time the…
1Opinion of the CourtSomeryille, J.
This suit is one for damages, based upon the alleged breach of an agreement made between the defendant corporation, the Trustees of Howard College, and the appellee, who was plaintiff in the lower court. The instrument, which is the basis of the action, is set out in extenso in the complaint. It is entitled a “Certificate of Permanent Scholarship,” bearing date January the 23d, 1863, and purports to be executed by corporate authority, in the name of the treasurer of the institution, who is shown to have possessed authority to issue such certificates, under the by-laws of the board of trustees…
2Cases cited15 opinions
- Thorington v. SmithSupreme Court of the United States · 1869
- Schell v. . PlumbNew York Court of Appeals · 1874
- Waring v. LewisSupreme Court of Alabama · 1875
- Houston & T. C. R. R. Co. v. BurkeTexas Supreme Court · 1881
- Philpot v. GruningerSupreme Court of the United States · 1872
10 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Southern Express Co. v. OwensSupreme Court of Alabama · 1906
- Mobile & Montgomery Railway Co. v. GilmerSupreme Court of Alabama · 1888
- Gooden v. Moses Bros.Supreme Court of Alabama · 1892
- Massie v. ByrdSupreme Court of Alabama · 1888
- Wilson & Co. v. ClarkSupreme Court of Alabama · 1953
12 more not listed; retrieve them via the Exa API.