Winston v. Trustees of the University of Alabama
Supreme Court of Alabama
Error to the Circuit Court of Tuscaloosa County. THIS action of assumpsit was brought by the plaintiff in error against the defendant in error. The declaration consists of the common money counts, for money had and received, and money paid, laid out, and expended. The amount of indebtedness is laid at three thousand dollars. The defendant pleaded non assumpsit, and also that they did not promise at any time within three years next before the commencement of the suit.
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Error to the Circuit Court of Tuscaloosa County. THIS action of assumpsit was brought by the plaintiff in error against the defendant in error. The declaration consists of the common money counts, for money had and received, and money paid, laid out, and expended. The amount of indebtedness is laid at three thousand dollars. The defendant pleaded non assumpsit, and also that they did not promise at any time within three years next before the commencement of the suit. The plaintiff took issue on the first and demurred to the second plea, which demurrer being overruled by the court, and the…
1Opinion of the CourtOrmond, J.
— The declaration does not disclose the precise nature of the plaintiff’s demand. It is the common counts for money had and received, and money paid, laid out, and expended for the defendant’s use. Under this count the plaintiff might give in evidence a bill of exchange or promissory note, or a gross sum received by the defendant for the use of the plaintiff *125or paid by the plaintiff at the defendant’s request, and in either case it is obvious the statute of limitation of three years, would not apply. Although it may be true that the plaintiff might declare in this general form and maintain…
2Cited by7 opinions
- Harrison's Administrator v. Harrison's DistributeesSupreme Court of Alabama · 1864
- Battle v. ReidSupreme Court of Alabama · 1880
- Galbreath v. ColeSupreme Court of Alabama · 1878
- Alexander v. BryanSupreme Court of the United States · 1884
- Taylor v. ForseySupreme Court of Alabama · 1876
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