Legal Opinion
Cairns v. Daniel
Alabama Court of Appeals
Decided June 12, 1917No. 6 Div. 33Published
Appeal, from Circuit Court, Jefferson County ; E‘. C. Crow, Judge. Action by Mrs. Emily T. Daniel, administratrix, against Thomas C. Cairns. From a judgment for plaintiff, defendant appeals. Action by plaintiff against defendant, claiming on promissory notes, in which was a condition. From a judgment for plaintiff, defendant appeals.
1Opinion of the Court
*219SAMFORD, J.
[1] There was but one count in the complaint, in the following words:
“Plaintiff claims of the defendant the sum of $500, due by five notes, each of them made by him on the 30th day of March, 3911, and each payable on November 1,1911, with interest thereon. Said notes were payable to G. W. Brown, but are now the property of the estate of said F. B. Daniel, deceased.”.
This count was demurred to, and the demurrers were overruled. The count was sufficient to meet the objections raised. Clark v. Moses, 50 Ala. 326; Morris v. Poillon, 50 Ala. 403. The case of Dreher & Co. v. National…
2Cases cited3 opinions
- Clark v. MosesSupreme Court of Alabama · 1874
- Morris & Blair v. PoillonSupreme Court of Alabama · 1874
- A. Dreher & Co. v. National Surety Co.Supreme Court of Alabama · 1911