Morris & Co. v. Alston
Supreme Court of Alabama
Appear from the Chancery Court of Montgomery. Heard before the Hon. John A. Foster. The appellee, John M. Alston, filed this bill of complaint against the appellants, Josiah Morris & Co. and Lehman, Durr & Co. The bill alleged that on January 7, 1887, the complainant and his wife executed a mortgage on certain lands to Lehman, Durr & Co. to secure a note for seven thousand dollars ; that by the mortgage, the complainant was required to> deliver to Lehman, Durr & Oo- seven…
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Appear from the Chancery Court of Montgomery. Heard before the Hon. John A. Foster. The appellee, John M. Alston, filed this bill of complaint against the appellants, Josiah Morris & Co. and Lehman, Durr & Co. The bill alleged that on January 7, 1887, the complainant and his wife executed a mortgage on certain lands to Lehman, Durr & Co. to secure a note for seven thousand dollars ; that by the mortgage, the complainant was required to> deliver to Lehman, Durr & Oo- seven hundred bales of cotton, and in default of delivery of the said number of bales of cotton, to pry certain storage and…
1Opinion of the CourtWalker, J.
-On January 19th, 1889, according (o the •claim of Lehman, Durr & Co., there was due on Alston’s account, which was secured by Iris mortgages. $6,572.70. On. that day Mr. Alston, in company with Mr. Goctter, a member of the firm of Lehman, Durr & Co., went to the banking house of Josiah Morris & Co., and executed his note to them for the' sum of $6,875, receiving their check for that amount. ITe immediately took the check to the house of Lehman, Durr & Co., delivered it to them, and thereupon they gave him a receipt in full of his account and paid him in money the difference between the…
2Cases cited15 opinions
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