Mundine v. Gold
Supreme Court of Alabama
On a writ of error to the Circuit Court of Shelby. This was assumpsit by Gold against Mundine, for cotton, and goods, sold and delivered; and for money lent and advanced to, and had and received by, defendant. The pleas were, non-assumpsit, payment and set off, and failure and want of consideration: and on issue to these pleas, a verdict was rendered for the plaintiff.
Read the full summary
On a writ of error to the Circuit Court of Shelby. This was assumpsit by Gold against Mundine, for cotton, and goods, sold and delivered; and for money lent and advanced to, and had and received by, defendant. The pleas were, non-assumpsit, payment and set off, and failure and want of consideration: and on issue to these pleas, a verdict was rendered for the plaintiff. On the trial, a hill of exception,? was taken, which disclosed these facts, to wit: The defendant in support of his plea of set off, proved that previous to the institution of the suit, he sold to plaintiff a horse for eight…
1Opinion of the CourtHopkins, C. J.
The action in this case^was' assumpsit, in which the defendant in error was the' plaintiff in the Circuit Court of Shelby county; One of the pleas of the plaintiff in error, upon which issue was taken, was set off. In support of this plea, the plaintiff in error proved, that he sold, previous to the commencement of the action in this case, a horse to the defendant, for the sum of eight dollars, and a judgment for forty-five dollars, and several years interest thereon, which the defendant represented would appear in his favor on the docket, of one of two justices of the peace, who were mentí…
2Cited by4 opinions
- State ex rel. Waring v. Mayor of MobileSupreme Court of Alabama · 1854
- Holder v. StateSupreme Court of Georgia · 1848
- Moore v. MillerSupreme Court of Pennsylvania · 1848
- Rosser v. BradfordSupreme Court of Alabama · 1839