Durand v. N. Thouron & Co.
Supreme Court of Alabama
Error from Mobile' Ciruib Court, — Before the Hon. S. L. , Perry. This action was commenced by Thouron & Co. in the court below, to recover the value of a box of laces, which had been deposited with Durand for sale. Durand had effected an insurance of the goods in his store, and the same had been destroyed by fire.
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Error from Mobile' Ciruib Court, — Before the Hon. S. L. , Perry. This action was commenced by Thouron & Co. in the court below, to recover the value of a box of laces, which had been deposited with Durand for sale. Durand had effected an insurance of the goods in his store, and the same had been destroyed by fire. On the trial of this cause, the plaintiff below read a paper in support of his action, which was in the following words: • “ Mobile, 11th February, 1829. “I will account to Messrs. N. Thouron & Co. or to any agent they may appoint, for the sum that may be coming to them, (their…
1Opinion of the Court
By Mr. Justice Saffold :
The action was assumpsit, for money had and received — ■ brought in the Circuit Court of Mobile county, by the present defendant, against the plaintiff in error. Thouron & Co. in support of the action in the Circuit Court, read in evidence, a paper as follows: “ Mobile, 11th February, 1829. — I wilj account to Messrs. N. Thouron & Co. or to any agent they may appoint, for the sum that may be coming to them, (their proportion of insurance on a box of laces burnt in my store on the morning of the 21st of October, 1827,) when the , amount coming to each loser will have…
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