Thomas v. Hearn
Supreme Court of Alabama
This case was commenced, by bill in chancery, filed by the complainants in the Circuit Court of Jefferson. The bill disclosed, that on the 7 th day of June, 1821-, the said complainants, together with one of the defendants, Sims,, for themselves and others, entered into a written contract with Hearn and San-tiers, for the erection of a mill dam, whereby, in consideration of the sum of two thousand dollars, the said Hearn and Sanders, bound themselves to construct said dam…
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This case was commenced, by bill in chancery, filed by the complainants in the Circuit Court of Jefferson. The bill disclosed, that on the 7 th day of June, 1821-, the said complainants, together with one of the defendants, Sims,, for themselves and others, entered into a written contract with Hearn and San-tiers, for the erection of a mill dam, whereby, in consideration of the sum of two thousand dollars, the said Hearn and Sanders, bound themselves to construct said dam according to a specified manner, and in such a way as that it would stand good for the space of two years. That in part…
1Opinion of the Court
By Mr. Justice Hitchcock :
The bill in this case, charges, that the note upon which the judgment was rendered, was, by agreement, to remain in the possession of Thomas until after the mill dam should be completed, according to contract, and was not till then to be delivered to Plearn and Sanders: that it did remain in the custody of Thomas for some time, but that before the completion of the work, it got by accident or inadvertence, into the possession of Jones, one of the partners in the mill company, who did not return it, but kept it in his possession until his death, and that it never was…
2Cases cited1 opinion
- Simpson v. HartNew York Court of Chancery · 1814
3Cited by3 opinions
- Dement v. Adm'rs of BoggessSupreme Court of Alabama · 1848
- Mock v. CundiffSupreme Court of Alabama · 1837
- Ex parte ReardonSupreme Court of Arkansas · 1849