Calvert v. Marlow
Supreme Court of Alabama
Wext of error to the County Court ofMobile. The defendant in error, as surviving partner of Charles Hammond, dec’d, declared against the plaintiff, in assumpsit, for money had and received, &c. The cause was tried on the genei’al issue, a verdict returned for the plaintiff for eleven hundred and one dollars and four cents, and a judgment was rendered accordingly. On the trial, the defendant excepted to the ruling of the court.
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Wext of error to the County Court ofMobile. The defendant in error, as surviving partner of Charles Hammond, dec’d, declared against the plaintiff, in assumpsit, for money had and received, &c. The cause was tried on the genei’al issue, a verdict returned for the plaintiff for eleven hundred and one dollars and four cents, and a judgment was rendered accordingly. On the trial, the defendant excepted to the ruling of the court. It appears, that in June, 1841, the plaintiff and Hammond formed a co-partnership in the drug business, in the city of Mobile, and in March, 1842, the latter died; that…
1Opinion of the CourtCollier, C. J.
To maintain the action for money had and received, it is said that it must be proved that the money *340came into the defendant’s hands, or a state of facts must be shewn from which this is inferrable. [2 Starkie’s Ev. 106; 2 Saund. on PI. and Ev. 672.] And further, that at the time of its receipt, the plaintiff was entitled to it; for the reason that a chose in action is not assignable. [2 Saund. on PI. and Ev. 673.] Let us apply these principles to the case before us. At the time of Hammond’s death, the books of the bank show, that the sum of twelve hundred dollars was there remaining to his…
2Cases cited4 opinions
- Murray v. MumfordNew York Supreme Court · 1826
- Westerlo v. EvertsonNew York Supreme Court · 1828
- Grigsby's ex. v. NanceSupreme Court of Alabama · 1842
- Ozeas v. JohnsonSupreme Court of Pennsylvania · 1806
3Cited by3 opinions
- Calvert v. MarlowSupreme Court of Alabama · 1850
- United States Cast Iron P. & F. Co. v. BaileySupreme Court of Alabama · 1915
- Jones v. CadeAlabama Court of Appeals · 1922