Goldthwaite v. M'Whorter
Supreme Court of Alabama
Error to the Circuit Court of Autauga. This action was assumpsit, by the plaintiffs in err ror, against Alwyn A. M’Whorter. The plaintiffs declared in the common counts, for goods, wares and merchandise, for money had and received; and on an account stated; and the defendant plead non-assumpsit, payment, set-off, and a balance due, from plaintiffs to defendant, for cotton sold by them — on which there was issue.
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Error to the Circuit Court of Autauga. This action was assumpsit, by the plaintiffs in err ror, against Alwyn A. M’Whorter. The plaintiffs declared in the common counts, for goods, wares and merchandise, for money had and received; and on an account stated; and the defendant plead non-assumpsit, payment, set-off, and a balance due, from plaintiffs to defendant, for cotton sold by them — on which there was issue. On the trial, in the Court below, a verdict was given in favor of the plaintiffs, for a portion of their, demand ; and having taken exceptions to the charge of the Court, they…
1Opinion of the Court
LIPSCOM13, C. J.-
-This was an action, brought by the plaintiffs, against the defendant, for money had and received, for money advanced, &c. On the trial, several points of law were made, and reserved by the bill of exceptions, for the consideration of this Court. We shall only notice those that may have had an influence in the decision of the case.
The bill of exceptions shows, that the defendant introduced a receipt for fifteen bales of cotton, concluding in these words : “Which is to be accounted for, when sold.
(Signed) “ goldthwaite & tarleton,
“per A. G. Tarlton.” .
Evidence was introduced,…
2Cases cited1 opinion
- Mattoon v. KiddMassachusetts Supreme Judicial Court · 1810