Planters' & Merchants' Insurance v. Tunstall
Supreme Court of Alabama
Appeal from the City Court of Mobile. Tried before the lion. O. J. Shjimes. This action was brought by "Wiley 0. Tunstall, against the appellant, a domestic corporation; and was commenced on the 18th May, 1878. The complaint contained the common count for money had and received, and two special counts, each averring the eircirmstances under which the money sued for was •collected and received by the defendant.
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Appeal from the City Court of Mobile. Tried before the lion. O. J. Shjimes. This action was brought by "Wiley 0. Tunstall, against the appellant, a domestic corporation; and was commenced on the 18th May, 1878. The complaint contained the common count for money had and received, and two special counts, each averring the eircirmstances under which the money sued for was •collected and received by the defendant. There were demurrers to the special counts, assigning specially several causes of demurrer; which were overruled by the court, and which it is not necessary to state, since the same…
1Opinion of the Court
B KICK ELL, O. J.
The demurrers to the complaint, and the instructions requested and refused, embrace the same questions: 1. Whether the assignment of a promissory note by a separate instrument in writing, though founded on a valuable consideration, is complete, passing to the assignee the equitable title to the note, before its delivery, or without notice to the maker? 2. If, at the time of the assignment, the note is held and claimed adversely to the assignor, is not the assignment void as savoring of champerty or maintenance ?
The general principles governing the assignment of dioses in…
2Cases cited5 opinions
- Wood v. PartridgeMassachusetts Supreme Judicial Court · 1814
- Taylor v. StateSupreme Court of Alabama · 1878
- Chisholm ex rel. Bigelow & Co. v. NewtonSupreme Court of Alabama · 1840
- Lamkin v. PhillipsSupreme Court of Alabama · 1839
- Harrison v. StateSupreme Court of Alabama · 1876
3Cited by21 opinions
- Christie v. DurdenSupreme Court of Alabama · 1921
- Gordon v. StateSupreme Court of Alabama · 1903
- Fuller v. StateSupreme Court of Alabama · 1906
- Lee v. WimberlySupreme Court of Alabama · 1893
- Tatum v. BallardSupreme Court of Virginia · 1897
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