Prestridge v. Patrick Irwin & Co.
Supreme Court of Alabama
Appeal from Probate Court of Dallas. Tried before Hon. John E. Conoley. This is an appeal from a decree of the probate court, allowing certain claims against the insolvent estate of J. E. Prestridge, deceased. From the bill of exceptions it appears that appellees bad filed and presented two claims against said estate, one for $110,000.25, against John E. Prestridge, and the other for $35,022.21, for money paid out and expended by appellees for the firm of Prestridge & Knox.
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Appeal from Probate Court of Dallas. Tried before Hon. John E. Conoley. This is an appeal from a decree of the probate court, allowing certain claims against the insolvent estate of J. E. Prestridge, deceased. From the bill of exceptions it appears that appellees bad filed and presented two claims against said estate, one for $110,000.25, against John E. Prestridge, and the other for $35,022.21, for money paid out and expended by appellees for the firm of Prestridge & Knox. The administratrix objected to the allowance of these claims, and pleaded as to each — 1st, non-assumpsit; 2d, want of…
1Opinion of the CourtB. F. Saeeold, J.
The appeal is taken from the decree of the probate court allowing certain claims of the appellees against the insolvent estate of Jno. E. Prestridge.
The letter of Prestridge, written by Shearer to the appellees, on the 12th of February, 1866, is not a receipt requiring a stamp. It is a mere letter of a correspondent, communicating notice of the present condition of mutual business. This appears from the letter itself, and from the statement in it that the money was received through an express company, whose business it was to take a formal receipt. If Shearer does not remember writing the…
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