Dunn v. Dunn
Supreme Court of Alabama
Writ of Error to the Chancery Court of Benton. Tiie defendant in error filed his bill, setting forth, that on the first of January, 1838, Peter Walden and John Boozer, made their bill single, by which they promised to pay to him, or bearer, the sum of six hundred dollars, twelve months after date ; that in February, 1839, being about to leave the State, he deposited the same in the hands of Henry Dunn as his agent, without investing him, either by contract or otherwise, with…
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Writ of Error to the Chancery Court of Benton. Tiie defendant in error filed his bill, setting forth, that on the first of January, 1838, Peter Walden and John Boozer, made their bill single, by which they promised to pay to him, or bearer, the sum of six hundred dollars, twelve months after date ; that in February, 1839, being about to leave the State, he deposited the same in the hands of Henry Dunn as his agent, without investing him, either by contract or otherwise, with any other interest therein ; that afterwards, his agent caused the writing to be put in suit in the name of the…
1Opinion of the CourtCollier, C. J.
In Kirkman, et al. v. Vanlier, 7 Ala. Rep. 217, we. stated quite at large the grounds upon which Courts of Equity exercise jurisdiction in matters of account, and it is not necessary here to repeat them. In cases of agency, a more enlarged jurisdiction has sometimes been assumed. It has been said, that although an action at law will lie against one in whose hands money had been deposited to lay out in the purchase of an estate, or any other thing, yet a bill in equity may be filed against him, praying that he may lay out the money, upon the hypothesis that he is a trustee. And where an…
2Cases cited5 opinions
- Kirkman v. VanlierSupreme Court of Alabama · 1844
- Nolley v. HolmesSupreme Court of Alabama · 1842
- May v. NaborsSupreme Court of Alabama · 1844
- Ashley's adm'rs v. DentonCourt of Appeals of Kentucky · 1822
- Russ v. WilsonSupreme Judicial Court of Maine · 1842
3Cited by3 opinions
- Craft v. RussellSupreme Court of Alabama · 1880
- Samuels v. FinkelsteinCourt of Appeals of Texas · 1930
- Donovan v. HaynieSupreme Court of Alabama · 1880