Vincent v. Rogers
Supreme Court of Alabama
Appeal from the Circuit Court oí Autauga. Tried before the Hon. C. W. Bapier. This action was brought by Sarah J. Vincent, against Mills Rogers, and was founded on a writing which is in these words: “Washington, Ala., January 1, 1844. “ This is to certify, that Joseph II.
Read the full summary
Appeal from the Circuit Court oí Autauga. Tried before the Hon. C. W. Bapier. This action was brought by Sarah J. Vincent, against Mills Rogers, and was founded on a writing which is in these words: “Washington, Ala., January 1, 1844. “ This is to certify, that Joseph II. Vincent deposited in my hands four hundred dollars on the 1st May, 1842, for the use and benefit of Sarah J. Vincent, to be kept for her use and benefit; which amount of money is to bear the lawful interest of eight per cent, per annum. And it is agreed, that I am to furnish the said Sarah J. Vincent what amount of clothing,…
1Opinion of the CourtStone, J.
When this case was heretofore in this court—January term, 1857—we held, that the written contract declared on, per se, created a prima-facie debt, on which an action at law can be maintained; but, we added, “ if, in pursuance of the apparent intention of the instrument offered in evidence, Rogers entered upon and executed, either in whole or in part, the duties which he seems to have taken upon himself, we are satisfied no action at law can be maintained on the contract, until a settlement is had, and a balance struck.”
In another place we said, “ If, on the other hand, Mr. Rogers has incurred…
2Cited by5 opinions
- Wolffe v. StateSupreme Court of Alabama · 1885
- National Surety Co. v. GravesSupreme Court of Alabama · 1924
- Dimmick v. RegisterSupreme Court of Alabama · 1890
- Grady v. Ibach & Co.Supreme Court of Alabama · 1891
- Donovan v. HaynieSupreme Court of Alabama · 1880