Legal Opinion

McFarland v. Dawson

Supreme Court of Alabama

Decided November 15, 1900PublishedCited by 6 opinions

Appeal from the City Court of Montgomery. Tried before the Hon. A. D. Sayre. The plaintiff below was a practicing lawyer, and while in New York, representing the. interests of two subcontractors (Newton and Tubman by name) in a deal then on, and that was likely to be consummated in a few days, by which they mould be paid for work done on the Tennessee Central Railroad, was requested by the defendant (to look after his interest in the same (leal; lie being another of the…

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Appeal from the City Court of Montgomery. Tried before the Hon. A. D. Sayre. The plaintiff below was a practicing lawyer, and while in New York, representing the. interests of two subcontractors (Newton and Tubman by name) in a deal then on, and that was likely to be consummated in a few days, by which they mould be paid for work done on the Tennessee Central Railroad, was requested by the defendant (to look after his interest in the same (leal; lie being another of the subcontractors on said railroad. It was represented to the plaintiff: that the deal would he 'consummated in a few days, and…

1Opinion of the CourtDowdell, J.

The plaintiff declared on the common counts for work and labor done and for legal services performed by the plaintiff for the defendant. The defendant filed four pleas, all of which except the second are in denial of the plaintiff’s cause of action and amount to the general issue. The second plea is a plea of payment.. There are only three assignments of error in the record. The first is to the giving of the written charge No. 1, requested by appellee, plaintiff in the court below. The other two are the refusal of the court to give 2d and 4th written charges requested by appellant.

The charge…

2Cases cited5 opinions

  1. Lehman Bros. v. McQueenSupreme Court of Alabama · 1880
  2. Hood v. LeagueSupreme Court of Alabama · 1893
  3. Levystein v. WhitmanSupreme Court of Alabama · 1877
  4. McRae's Adm'r v. McDonaldSupreme Court of Alabama · 1876
  5. Shulman, Goetter & Weil v. Brantley & CopelandSupreme Court of Alabama · 1873

3Cited by6 opinions

  1. Grand Bay Land Co. v. SimpsonSupreme Court of Alabama · 1920
  2. Ala. West. R. R. v. BushSupreme Court of Alabama · 1913
  3. Farrell v. Betts & BettsAlabama Court of Appeals · 1918
  4. Woodward Iron Co. v. DabneySupreme Court of Alabama · 1921
  5. Pittman v. LemasterSupreme Court of South Carolina · 1924

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