Tomkies v. Reynolds
Supreme Court of Alabama
Error to the Circuit Court of Talladega. Tried before the Hon. Thomas A. Walker. This was an action of assumpsit brought by Walker Reynolds against James A. Hogan & Co. The declaration contains five counts, the first is indebitatus assumpsit for money had and received, for money lent, &c.
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Error to the Circuit Court of Talladega. Tried before the Hon. Thomas A. Walker. This was an action of assumpsit brought by Walker Reynolds against James A. Hogan & Co. The declaration contains five counts, the first is indebitatus assumpsit for money had and received, for money lent, &c. The second, third, fourth and fifth counts are special and are founded on a written instrument, dated March 12th, 1838, and in the following language: “Received of Walker Reynolds, as one of the executors of William Wilson, deceased, two notes of hand on William Graham and John McNeel, amounting to seventeen…
1Opinion of the CourtLargan, C. J.
The question arising upon the state of the pleadings presents itself first for our consideration. The first count of the declaration is assumpsit for money lent, money had and received, &c. The second states in substance that the plaintiff as one of the executors of William Wilson, loaned to the defendants two notes on William Graham and John McNeel, amounting to seventeen hundred and fifty dollars, which they promised to collect of the makers, and if collected they would in a reasonable time pay the amount of said notes to the plaintiff with interest, and if they were not collected they…
2Cases cited5 opinions
- Harbin v. LeviSupreme Court of Alabama · 1844
- Gates v. LounsburyNew York Supreme Court · 1823
- Dunham v. GrantSupreme Court of Alabama · 1847
- Hoggins v. BecraftCourt of Appeals of Kentucky · 1833
- State ex rel. Adams v. JohnsonIndiana Supreme Court · 1845
3Cited by22 opinions
- Goodman v. WalkerSupreme Court of Alabama · 1857
- Bank of Phoenix City v. TaylorSupreme Court of Alabama · 1916
- Russell v. BushSupreme Court of Alabama · 1916
- Barfield v. EvansSupreme Court of Alabama · 1914
- Corder v. TalbottWest Virginia Supreme Court · 1878
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