Beard v. Horton
Supreme Court of Alabama
Appeal from the Circuit Court of Jefferson. Tried before the Hon. Leroy F. Box. Tliis action was brought by J. W. Beard, an infant suing by his next friend, against H. M. Horton; and was commenced by attachment, sued out on the 8th October, 1887. The complaint contained the common money counts, each claiming $318.21; and another count was added, claiming the same amount as due on account from the defendant to Farabee, Hunter & Co., which had been transferred to the…
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Appeal from the Circuit Court of Jefferson. Tried before the Hon. Leroy F. Box. Tliis action was brought by J. W. Beard, an infant suing by his next friend, against H. M. Horton; and was commenced by attachment, sued out on the 8th October, 1887. The complaint contained the common money counts, each claiming $318.21; and another count was added, claiming the same amount as due on account from the defendant to Farabee, Hunter & Co., which had been transferred to the plaintiff. The cause was tried on issue joined on the plea of non assimpsit.- The issue of fact was, whether the defendant had…
1Opinion of the CourtClopton, J.
The account, which was transferred by Farabee, Hunter & Co. to plaintiff, having been paid, either *204by defendant or tbe Birmingham National Bank, before its transfer, does not constitute a sufficient cause of action. As the case is presented by the record, the gravamen of the action is money paid by appellant, for the benefit of the appellee. The principles, which underlie such actions, are well settled. In order to enable one, who paid money to the use of another, to maintain an action for money paid, two things are essential — a legal liability on the part of the defendant to pay the…
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