Meaher v. Cox, Brainard & Co.
Supreme Court of Alabama
Appeal from tbe Chancery Court at Mobile. Hoard before the Hon. M. J. Saeeold. On the 7th July, .1858, Cox, Brainard & (Do., (a firm composed of Henry L. Jayne,'F. M..
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Appeal from tbe Chancery Court at Mobile. Hoard before the Hon. M. J. Saeeold. On the 7th July, .1858, Cox, Brainard & (Do., (a firm composed of Henry L. Jayne,'F. M.. Johnson, and W. E„ James,) J. M. & T. Meaher, (a firm composed of James M. Mealier and Timothy Meaher,) Byrnes Meaher and Stewart Cayce, all of whom were then engaged in running steamboats on the Alabama river, carrying passengers and freight between Montgomery, Mobile and New Orleans, entered into a contract, of which the following is..a copy?: “Articles of agreement, made and entered into at Mobile,, this 7th July, A..D.…
1Opinion of the CourtR. W. Walker, J.
Whatever may be the proper construction of the 12th clause of the articles, when taken isa connection with the 7th, it is admitted on-both sides, that, by the agreement, the accounts are to be adjusted* monthly, and the cash balances-paid over. Whemthe defendants were called on to pay the balances, as stated* by the auditors, they did not object to- the accounts, omt’he ground that they were made up in¡ part of cash, and iin fart of uncollected debts, without distinguishing, the cash-from the debts; nor did they then, nor db they by their answer, express a willingness to pay the cash…
2Cases cited4 opinions
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