Legal Opinion
Cairns v. Daniel
Alabama Court of Appeals
Decided June 12, 1917No. 6 Div. 33PublishedCited by 4 opinions
Appeal, from Circuit Court, Jefferson County ; E‘. C. Crow, Judge. Action by Mrs. Emily T. Daniel, administratrix, against Thomas C. Cairns. From a judgment for plaintiff, defendant appeals. Action by plaintiff against defendant, claiming on promissory notes, in which was a condition. From a judgment for plaintiff, defendant appeals.
1Opinion of the Court
There was but one count in the complaint, in the following words:
"Plaintiff claims of the defendant the sum of $500, due by five notes, each of them made by him on the 30th day of March, 1911, and each payable on November 1, 1911, with interest thereon. Said notes were payable to C.W. Brown, but are now the property of the estate of said F.B. Daniel, deceased."
This count was demurred to, and the demurrers were overruled. The count was sufficient to meet the objections raised. Clark v. Moses, 50 Ala. 326; Morris v. Poillon, 50 Ala. 403. The case of Dreher Co. v. National Surety Co., 174 Ala.…
2Cases cited6 opinions
- Walker v. ThompsonMichigan Supreme Court · 1896
- Phillips v. Americus Guano Co.Supreme Court of Alabama · 1895
- Clark v. MosesSupreme Court of Alabama · 1874
- Morris & Blair v. PoillonSupreme Court of Alabama · 1874
- Burton v. DangerfieldSupreme Court of Alabama · 1904
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Ex Parte SouthSupreme Court of Alabama · 1920
- South v. First Nat. BankAlabama Court of Appeals · 1920
- South v. First Nat. BankSupreme Court of Alabama · 1920
- South v. First Nat. BankAlabama Court of Appeals · 1920