Sayre v. Weil
Supreme Court of Alabama
Appear from the City Court of Montgomery. Tried before the Hon. Tiros. M. Arrington. This action was brought by H. A. Sayre, S. M. Levin and R. B. Snodgrass, trustees in a deed of assignment executed by Moses Brothers for the benefit of their creditors, against David Weil; and was founded on the defendant’s promissory note or $ 1,618.32, which was dated 7th February, 1891, and payable four months after date; to the order of Moses Brothers, at their office in Montgomery.
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Appear from the City Court of Montgomery. Tried before the Hon. Tiros. M. Arrington. This action was brought by H. A. Sayre, S. M. Levin and R. B. Snodgrass, trustees in a deed of assignment executed by Moses Brothers for the benefit of their creditors, against David Weil; and was founded on the defendant’s promissory note or $ 1,618.32, which was dated 7th February, 1891, and payable four months after date; to the order of Moses Brothers, at their office in Montgomery. The defendant pleaded, in short by consent, (1) payment, (2) set-otF, and (3) that plaintiffs were estopped from asserting…
1Opinion of the CourtColeman, J.
— By written agreement of the parties, filed as provided in section 2743 of the Code, the case was tried and determined by the court without the intervention of a jury. Under the following section (2744), the finding of the court may be general or special, unless the parties, or either of them, in writing, request a special finding of the facts ; and if a special finding is requested, the court must state in writing the facts as it finds them, and such statement, with the judgment of the court, must be entered on the minutes. Construing sections 2744 and 2745 together, we hold that whenever…
2Cases cited14 opinions
- National Bank v. Insurance Co.Supreme Court of the United States · 1881
- Duncan v. JaudonSupreme Court of the United States · 1873
- Gerrish v. New Bedford Institution for SavingsMassachusetts Supreme Judicial Court · 1880
- Brabrook v. Boston Five Cents Savings BankMassachusetts Supreme Judicial Court · 1870
- Minor v. RogersSupreme Court of Connecticut · 1873
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3Cited by23 opinions
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- Candee v. Connecticut Savings BankSupreme Court of Connecticut · 1908
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- Keeney v. Bank of ItalyCalifornia Court of Appeal · 1917
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