Jordan v. McDonnell
Supreme Court of Alabama
Appeal from Madison Circuit Court. Heard before Hon. I). W. Speake. Action by Fennell McDonnell and others against Llewellyn Jordan to recover costs paid. From a judgment for plaintiffs, defendant appeals.
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Appeal from Madison Circuit Court. Heard before Hon. I). W. Speake. Action by Fennell McDonnell and others against Llewellyn Jordan to recover costs paid. From a judgment for plaintiffs, defendant appeals. Under section 1805, Code 1896, the sum paid may he much less than the amount really due, hut if the receipt in writing is given as a full discharge of the debt, in the absence of mistake or concealment or misrepresentation, the receipt must have operation according to the intention of the parties. — Murphy v. Black, 41 South. 877; Eufemia, Nat. Bank v. Passmore, 102 Ala. 370; Smith v.…
1Opinion of the CourtSimpson, J.
-Appellant and appellees’ intestate had been engaged in litigation in the probate court of Madison county and in the United States courts in regard to the probate of the will of Mattie Lee Fennell, until finally the proposition of settlement and the acceptance thereof, as shown in the record, were made. The suit, was brought by appellees’ intestate to recover certain costs which were claimed to be due by appellant to appellee. When the case was before this court at a previous term the point -of controversy was as to whether, according to the terms of the settlement, the appellant was liable…
2Cases cited20 opinions
- Turnbull v. PaysonSupreme Court of the United States · 1877
- Kansas Pacific Railway Co. v. CutterSupreme Court of Kansas · 1877
- Adams v. WaySupreme Court of Connecticut · 1866
- Willock v. WilsonMassachusetts Supreme Judicial Court · 1901
- Stegall v. WrightSupreme Court of Alabama · 1904
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3Cited by7 opinions
- Barbour v. PoncelorSupreme Court of Alabama · 1919
- Carnley v. BrunsonSupreme Court of Alabama · 1933
- Norvell v. GilreathSupreme Court of Alabama · 1914
- Barbour v. PoncelorSupreme Court of Alabama · 1919
- Conley v. Harry J. Whelchel Co.Supreme Court of Alabama · 1982
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