Holloway v. Harper
Supreme Court of Alabama
Appeal from the Circuit Court of Geneva. Tried before Hon. J. M. Carmichael. This was a suit by Robert Harper to recover from Holloway & Gilchrist, merchants in Geneva, Alabama, a sum of money deposited by plaintiff with defendants for safe keeping. At the time of making the deposit the defendants issued to plaintiff a receipt in the following words, “Nov. 27 1889. Received from R. Harper on deposit one thousand & nine dollars.”
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Appeal from the Circuit Court of Geneva. Tried before Hon. J. M. Carmichael. This was a suit by Robert Harper to recover from Holloway & Gilchrist, merchants in Geneva, Alabama, a sum of money deposited by plaintiff with defendants for safe keeping. At the time of making the deposit the defendants issued to plaintiff a receipt in the following words, “Nov. 27 1889. Received from R. Harper on deposit one thousand & nine dollars.” Upon the receipt there was subsequently indorsed the words, “Paid on the within $441.30.” The defendants J. D. Holloway and D. W. Gilchrist each testified in their…
1Opinion of the CourtHead, J.
There was a verdict for the plaintiff, and the defendants moved for a new trial upon the ground that the verdict was contrary to the evidence. The testimony upon each of the issues of fact was in sharp and irreconcilable conflict. The presiding judge approved the verdict ; and in view of the superior advantages he has over us, in supervising verdicts, based upon conflicting evidence, we cannot say that he erred in denying the motion, simply because more witnesses testified in favor of the defendants’, than in favor of the plaintiffs’ theory. Weighing evidence does not consist merely in…
2Cases cited2 opinions
- Cobb v. Malone & CollinsSupreme Court of Alabama · 1888
- Singer Manufacturing Co. v. BelgartSupreme Court of Alabama · 1887
3Cited by4 opinions
- Alabama Midland Railway Co. v. JohnsonSupreme Court of Alabama · 1898
- Pacific Mut. Life Ins. Co. v. HayesSupreme Court of Alabama · 1919
- Buck v. GimonSupreme Court of Alabama · 1918
- Southern Railway Co. v. Huntsville Lumber Co.Supreme Court of Alabama · 1914