White v. White
Supreme Court of Alabama
Appeal from the City Court of Anniston. Tried before the Hon. James W. Lapsley. This suit was brought by Elias F. White against John L. White, the complaint being as follows: (1) “The plaintiff claims of the defendant seven hundred and fifty dollars, for money received 1st day of May, 1891, to the use of plaintiff, and which, with interest thereon, is due and unpaid.”
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Appeal from the City Court of Anniston. Tried before the Hon. James W. Lapsley. This suit was brought by Elias F. White against John L. White, the complaint being as follows: (1) “The plaintiff claims of the defendant seven hundred and fifty dollars, for money received 1st day of May, 1891, to the use of plaintiff, and which, with interest thereon, is due and unpaid.” (2) “The plaintiff claims of the defendant the other and further sum of seven hundred and fifty dollars, due from him as follows : Plaintiff had asuit pending against L. V. White for the sum of five hundred and twenty dollars,…
1Opinion of the CourtBrickell, C. J.
The trial was had in the court below by consent of the parties, without the intervention of a jury, and the bill of exceptions purporting to state all the evidence, on appeal, the statute devolves on this court, the duty of reviewing the findings and conclusions of facts on which the judgment is based.
As we collect from the record, the plaintiff proposed to support a recovery on the count for money had and received, on the hypothesis that his debtor, L. Y. White, had deposited with the defendant the promissory notes of one Simpson for an amount exceeding his indebtedness to the plaintiff,…
2Cases cited4 opinions
- Henry v. Murphy & Co.Supreme Court of Alabama · 1875
- Coleman & Carroll v. Hatcher & BrannonSupreme Court of Alabama · 1884
- Bolling v. MunchusSupreme Court of Alabama · 1880
- Foster v. NapierSupreme Court of Alabama · 1883
3Cited by6 opinions
- Craig & Co. v. Pierson Lumber Co.Supreme Court of Alabama · 1910
- Stoehr v. MillerCourt of Appeals for the Second Circuit · 1923
- Dilworth v. Holmes Furniture & V. Co.Supreme Court of Alabama · 1913
- Plott v. FosterAlabama Court of Appeals · 1913
- Ford v. Hodges Boiler & MacHine WorksSupreme Court of Alabama · 1924
1 more not listed; retrieve them via the Exa API.