N. L. Carpenter & Co. v. Naftel
Supreme Court of Alabama
Appeal from Circuit Court, Montgomery County; Leon McCord, Judge. Action by N. L. Carpenter & Co. against W. J. Naftel and others, as executors of the estate of C. G. Abercrombie upon a note and stated account. Judgment for defendants, and plaintiffs appeal. The controversy is as to whether or not the claims were presented to the executors within the time allowed by law. There was no dispute as to the correctness of the account.
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Appeal from Circuit Court, Montgomery County; Leon McCord, Judge. Action by N. L. Carpenter & Co. against W. J. Naftel and others, as executors of the estate of C. G. Abercrombie upon a note and stated account. Judgment for defendants, and plaintiffs appeal. The controversy is as to whether or not the claims were presented to the executors within the time allowed by law. There was no dispute as to the correctness of the account. The evidence tended to show for the plaintiff that his attorney, Joseph E. Johnston, of Atlanta, on August 25, 1917, mailed at Atlanta, postage prepaid, a letter…
1Opinion of the CourtThomas, J.
[1] Were plaintiffs entitled to have submitted to the jury the question of whether or not there was a personal presentation to the executor of the claim against the estate of decedent? The general rule is, if there is any evidence tending to establish the material fact in issue, a jury question is presented. Amerson v. Corona Coal & Iron Co., 194 Ala. 175, 176, 69 South. 601; Tobler v. Pioneer Min. & Mfg. Co., 166 Ala. 482, 517, 52 South. 86.
[2] The issuable fact for the jury was the personal presentation to Naftel or Douglass, as personal representative of tbe Abercrombie estate of a claim…
2Cases cited15 opinions
- Tobler v. Pioneer Mining & Mfg. Co.Supreme Court of Alabama · 1909
- Amerson v. Corona Coal & Iron Co.Supreme Court of Alabama · 1915
- Pharis v. LeachmanSupreme Court of Alabama · 1852
- Corley v. VizardSupreme Court of Alabama · 1919
- Brannan v. SherrySupreme Court of Alabama · 1916
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3Cited by5 opinions
- Sovereign Camp, W. O. W. v. AdamsSupreme Court of Alabama · 1920
- Byars v. JamesSupreme Court of Alabama · 1922
- Vaughn v. Dwight Mfg. Co.Supreme Court of Alabama · 1921
- Mobile City Lines, Inc. v. OrrSupreme Court of Alabama · 1950
- Fenner Beane v. PhillipsSupreme Court of Alabama · 1930