Haney v. Conoly
Supreme Court of Alabama
Appeal from Circuit Court of Dallas. Tried before Hon. George H. Craig. In July, 1868, appellant’s intestate, 11. M. Waddill, received of appellee, Conoly, twenty dollars, giving him a receipt therefor, wbicb recited that he received the money for Wm. Waddill. In January, 1875, appellee sued appellant to recover the money thus paid bis intestate, alleging tbat be had failed to pay over the money to Wm. Waddill.
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Appeal from Circuit Court of Dallas. Tried before Hon. George H. Craig. In July, 1868, appellant’s intestate, 11. M. Waddill, received of appellee, Conoly, twenty dollars, giving him a receipt therefor, wbicb recited that he received the money for Wm. Waddill. In January, 1875, appellee sued appellant to recover the money thus paid bis intestate, alleging tbat be had failed to pay over the money to Wm. Waddill. The complaint contains two counts: the first declaring •specially on the receipt, and the other being the common form for money had and received. The record contains a • demurrer to…
1Opinion of the CourtStone, J.
If the Circuit Court took any action on the-defendant’s demurrer, it is not shown by the record. We will not consider any question on the sufficiency of the complaint.
R. M. Waddill, appellant’s intestate, executed a receipt in the following form: “$20. Received of John E. Conoly twenty dollars, for William Waddill. July 28th, 1868. (Signed), R. M. Waddill.” The complaint contains two counts: the first special, declaring on the receipt, and averring that “the defendant’s intestate never delivered said sum of money to said Wm. Waddill, and plaintiff demanded said sum of money of defendant…
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