Sharpe v. National Bank
Supreme Court of Alabama
Appeal from the Circuit Court of Jefferson. Tried before the Hon. Leroy F. Bos. This action was brought by Thomas Sharpe, against the National Bank of Birmingham, and was commenced on the 29th October, 1883. The first count of the complaint claimed $15,000 damages, for that whereas, in the spring of the year 1878, the defendant loaned and advanced $1,200 to plaintiff, in consideration of plaintiff’s promise and agreement to repay the same, as and when it became payable; and…
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Appeal from the Circuit Court of Jefferson. Tried before the Hon. Leroy F. Bos. This action was brought by Thomas Sharpe, against the National Bank of Birmingham, and was commenced on the 29th October, 1883. The first count of the complaint claimed $15,000 damages, for that whereas, in the spring of the year 1878, the defendant loaned and advanced $1,200 to plaintiff, in consideration of plaintiff’s promise and agreement to repay the same, as and when it became payable; and whereas plaintiff was the owner of twenty shares of the capital stock of the Newcastle Coal and Iron Company, a…
1Opinion of the CourtClopton, J.
Before the trial was entered upon, plaintiff moved to amend the complaint by adding a count, formally and substantially, in case. The court refused to allow the amendment, evidently on the idea that the original complaint counts on a breach of the contract, and is in assump*648sit. In cases where the plaintiff has an election to sue in assumpsit for a breach of the contract, or to bring an action on the case, for a violation of duty growing out of the contract, it is often difficult to determine whether a count is in form ex contractu or ex delicto. The same facts have to be averred substantially…
2Cases cited8 opinions
- Mobile Life Insurance v. RandallSupreme Court of Alabama · 1883
- Whilden & Sons v. Merchants' & Planters' National BankSupreme Court of Alabama · 1879
- Bannon v. WarfieldCourt of Appeals of Maryland · 1875
- Maryland Fire Insurance v. DalrympleCourt of Appeals of Maryland · 1866
- Fairbairn v. MeansCourt of Appeals of Kentucky · 1863
3 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Bromley v. Birmingham Mineral RailroadSupreme Court of Alabama · 1891
- Flessher v. Carstens Packing Co.Washington Supreme Court · 1916
- American Pig Iron Storage Warrant Co. v. GermanSupreme Court of Alabama · 1899
- DeMoville v. Merchants & Farmers BankSupreme Court of Alabama · 1936
- Tennent v. Union Central Life InsuranceMissouri Court of Appeals · 1908
10 more not listed; retrieve them via the Exa API.