Myers v. Byars
Supreme Court of Alabama
Appeal from the City Court of Birmingham. Tried-before the Hon. W. W. Wilkerson. This was an action brought by the appellee, J. E. Byars, against the appellant, D. F. Myers; and sought to recover $1000.00, which was alleged to be due the plaintiff. The complaint contained only the;common counts.
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Appeal from the City Court of Birmingham. Tried-before the Hon. W. W. Wilkerson. This was an action brought by the appellee, J. E. Byars, against the appellant, D. F. Myers; and sought to recover $1000.00, which was alleged to be due the plaintiff. The complaint contained only the;common counts. The evidence, as is shown by the bill of exceptions, established the following facts: One J. L. Landrum owned ticket number 93,890 in the April, 1889, drawing of the Louisiana State Lottery; J. E. Byars purchased said ticket, or an interest therein,' from Landrum ; the said ticket drew a prize in the…
1Opinion of the CourtMcCLELLAN, J.
It seems clear to us that the evidence in this case, aside from the agreement between Landrum *487■and Byars and between their attorneys, Myers and Fellows, the plaintiff below was entitled ex (equo et bono to one thousand dollars of the five thousand dollars recovered from the Louisiana State Lottery Company. If Myers had the money to which plaintiff was entitled he was liable to an action for money had and received. If Myers did not have the money, but represented to plaintiff that he did have it, but would not pay it over until conflicting claims thereto were adjudicated by the courts, and by…
2Cases cited2 opinions
- Meister v. BirneyMichigan Supreme Court · 1872
- Robb v. ShephardMichigan Supreme Court · 1883
3Cited by3 opinions
- First National Bank v. ChaffinSupreme Court of Alabama · 1897
- Wood v. BlaneyCalifornia Supreme Court · 1895
- McConnell v. WornsSupreme Court of Alabama · 1893