Mobile & Montgomery Railway Co. v. Felrath
Supreme Court of Alabama
Action for Money had and Received; Plea, nonassumpsit. Appeal from’ Mobile Circuit Court. Tried before Hon. H. T. Toulmin. The facts are stated in the opinion of the court. — If the defendant had reason to suspect that the money belonged to plaintiff, (appellant), he may recover it. — Ely v. Norton, 2 Abb. Ct.
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Action for Money had and Received; Plea, nonassumpsit. Appeal from’ Mobile Circuit Court. Tried before Hon. H. T. Toulmin. The facts are stated in the opinion of the court. — If the defendant had reason to suspect that the money belonged to plaintiff, (appellant), he may recover it. — Ely v. Norton, 2 Abb. Ct. App. 19 ; Burn-ham v. Holt, 14 N. H. 367. The check in this case was signed by the agent, and this was notice to appellee that it was the money of some principal which Priester was using to pay his individual debt. Enquiry at the place of payment would have developed the fact that it…
1Opinion of the CourtBrickell, C. J.
— The action is for money had and received, in which the appellant was plaintiff, and the appellee was defendant. The facts as shown by the bill of exceptions, are, that in 1879, one Priester was an agent of the appellant, and was_ individually indebted to the appellee. In payment of such indebtedness, Priester drew a check on the Southern Bank of Alabama, in words and figures as follows :
“No. 85. Mobile, June 18, 1879. Southern Bank of Alabama: — Pay to Joseph Felrath, or order, two hundred and fifty dollars. $250. (Signed) ^R. P. Priester, Agt.”
The check was indorsed by the appellee, and…
2Cases cited1 opinion
- Frazier v. Erie BankSupreme Court of Pennsylvania · 1844
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- Figh v. TaberSupreme Court of Alabama · 1919
- First National Bank v. NelsonSupreme Court of Alabama · 1894
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