Legal Opinion

Weed v. Martin

Supreme Court of Alabama

Decided November 15, 1889PublishedCited by 2 opinions

Appeal from the Circuit Court of Dale. Tried before the Hon. Jesse M. Carmichael.

1Opinion of the CourtSomerville, J.

The suit is for money paid through mistake by plaintiff to defendant. The case turns on the correctness of a credit placed on a note, on October 2d, 1882, *588which.purported to be for $117.81. The defendant testified, that the credit should have been for $17.81 only, and that this sum only had been paid. The plaintiff introduced as a witness one Tobe Martin, one of the makers of the note, who swore that he himself entered the credit in controversy for one hundred and seventeen 81-100 dollars ($117.81), and that this was the amount he had paid on the note, at the time, in money and goods; and…

2Cases cited1 opinion

  1. Wright v. BollingSupreme Court of Alabama · 1855

3Cited by2 opinions

  1. Western Union Telegraph Co. v. FergusonIndiana Supreme Court · 1901
  2. Tully v. Western Union Telegraph Co.Appellate Court of Illinois · 1908

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