Capital Security Co. v. Owen
Supreme Court of Alabama
Appeal from Mobile Law and Equity Court. Heard before Hon. Saffold Berney. Assumpsit by George F. Owen against the Capital Security Company. Judgment for plaintiff, and defendant appeals.
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Appeal from Mobile Law and Equity Court. Heard before Hon. Saffold Berney. Assumpsit by George F. Owen against the Capital Security Company. Judgment for plaintiff, and defendant appeals. (Transferred from the Court of Appeals under section 6, p. 449, Act April 18, 1911.) The contract was what is known as the Home Purchasing Investment Contract, and contained the following;. “I make this application expressly and solely upon the terms and condition of said contract, and the option, provisions, and requirements set forth on the back and made a part thereof, and not on the faith of any…
1Opinion of the CourtThomas, J.
The plaintiff’s cause was tried in the law and equity court upon the common count for money had and received. The defendant pleaded, in short by consent: (1) the general issue; (2) estoppel; and (3) waiver of the fraud.
To the refusal of the court to give charges requested in writing by the defendant, as well as to the giving of the portion of the general charge excepted to, error is assigned.
The appellee insists that by the act of September 25, 1915, charges in writing moved for by either party become a part of *387the record, and must be presented for review as a part of the record, and not by…
2Cases cited28 opinions
- City Council of Montgomery v. Gilmer & TaylorSupreme Court of Alabama · 1858
- Prestwood v. CarltonSupreme Court of Alabama · 1909
- Birmingham Railway, Light & Power Co. v. JordanSupreme Court of Alabama · 1910
- Petty v. DillSupreme Court of Alabama · 1875
- Williams v. StateSupreme Court of Alabama · 1887
23 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Johnson v. Shenandoah Life Insurance CompanySupreme Court of Alabama · 1973
- Clinton Mining Co. v. BradfordSupreme Court of Alabama · 1917
- Roberts v. WilliamsSupreme Court of Alabama · 1916
- City Stores Company v. WilliamsSupreme Court of Alabama · 1971
- Mobile Towing & Wrecking Co. v. HartwellSupreme Court of Alabama · 1922
24 more not listed; retrieve them via the Exa API.