Drennen v. Gilmore Bros.
Supreme Court of Alabama
Appeal from Birmingham City Court. Tried before Hon. Citas. A. Sbnn. Gilmore Brothers sued W. M. Drennen on (the common counts for $500 alleged to have been due on June 30th, 1894. A special count was also added claiming the same sum of money for money had and received to plaintiffs’ use by Drennen & Company, a partnership of which defendant was alleged to have been a member.
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Appeal from Birmingham City Court. Tried before Hon. Citas. A. Sbnn. Gilmore Brothers sued W. M. Drennen on (the common counts for $500 alleged to have been due on June 30th, 1894. A special count was also added claiming the same sum of money for money had and received to plaintiffs’ use by Drennen & Company, a partnership of which defendant was alleged to have been a member. Demurrers were sustained to certain pleas of set-off, which set up a demand for $586.75 in favor of Drennen & Company against the plaintiffs, due November 1st, 1893, which pleas failed to show that the cross-demand was…
1Opinion of the CourtHaralson, J.
— It is n'either pleaded nor shown, that the set-off attempted, existed in defendant’s favor, as a claim owned by him individually, at the time of the institution of this suit. For aught appearing, he could not at that time have successfully maintained an action on it in his own name and for his own benefit. “A set-off, to be available, must be OAvned by defendant in absolute right, at the time suit is brought. It is not enough that, together Avith another partner, the defendant owns the claim. It must be such demand as that, he, in his own name, or in the names of defendants sued, without…
2Cases cited12 opinions
- Fancher Bros. & Co. v. Bibb Furnace Co.Supreme Court of Alabama · 1887
- Cannon v. LindseySupreme Court of Alabama · 1887
- Duramus v. HarrisonSupreme Court of Alabama · 1855
- Manning v. MaroneySupreme Court of Alabama · 1888
- St. Louis & Tennessee River Packet Co. v. McPetersSupreme Court of Alabama · 1899
7 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- General Electric Co. v. Town of Fort DepositSupreme Court of Alabama · 1911
- Bay Minette Land Co. v. StapletonSupreme Court of Alabama · 1932
- Slaughter v. MartinAlabama Court of Appeals · 1913
- Leach v. GraySupreme Court of Alabama · 1917
- Texas Co. v. Borne Scrymser Co.Court of Appeals for the Fourth Circuit · 1933
5 more not listed; retrieve them via the Exa API.