Jeffries v. Castleman
Supreme Court of Alabama
Appeal from the Circuit Court of Hale. Tried before the Hon. Ltjthee B, Smith. This action was brought by Mrs. Ann M. Jeffries, the wife of Walter B. Jeffries, against D. J. Castleman, to recover the sum of $701. lS^'due by account,” as the complaint alleged, “for money had'and received by Jeffries & Castleman (a firm composed of A. S. Jeffries and the said D. J. Castleman), belonging to the corpus of the statutory separate estate of the said Ann M. Jeffries, and received by…
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Appeal from the Circuit Court of Hale. Tried before the Hon. Ltjthee B, Smith. This action was brought by Mrs. Ann M. Jeffries, the wife of Walter B. Jeffries, against D. J. Castleman, to recover the sum of $701. lS^'due by account,” as the complaint alleged, “for money had'and received by Jeffries & Castleman (a firm composed of A. S. Jeffries and the said D. J. Castleman), belonging to the corpus of the statutory separate estate of the said Ann M. Jeffries, and received by the said Jeffries & Castleman on the 18th' November, 1872and was commenced on the 8th February, 1875. The defendant…
1Opinion of the CourtStone, J.
When this case was before us at a former .term, we drew a distinction between tbe defense of payment, and that which could come in in the nature of set-off As to the former, we said : “It is alleged that, in consideration of ‘articles of comfort and support of the household/ &c., furnished and to be furnished by Castleman to Jeffries and wife, Jeffries, tbe husband and trustee, turned over and paid to Castleman the two checks, which were received and used as so much money. If this be so, and if such articles were furnished in value equal to, or greater than, the sum of the two checks and the…
2Cases cited2 opinions
- Acklen's v. HickmanSupreme Court of Alabama · 1879
- Castleman v. JeffriesSupreme Court of Alabama · 1877
3Cited by4 opinions
- Hart v. KendallSupreme Court of Alabama · 1886
- Jeffries v. CastlemanSupreme Court of Alabama · 1883
- Connor v. ArmstrongSupreme Court of Alabama · 1890
- J. Snow Hardware Co. v. Loveman & Co.Supreme Court of Alabama · 1901