Capital Securities Co. v. Gilmer
Supreme Court of Alabama
Appeal from Montgomery City Court. Heard before Hon. Armstead Brown. Assumpsit by Mrs. H. T. Gilmer against the Capital' Securties Company. From a judgment for plaintiff, defendant appeals. Transferred from Court of Appeals. Tbe action was on the common counts. There was quite a number of pleas filed which are not deemed necessary to be here set out, as is indicated by the opinion.
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Appeal from Montgomery City Court. Heard before Hon. Armstead Brown. Assumpsit by Mrs. H. T. Gilmer against the Capital' Securties Company. From a judgment for plaintiff, defendant appeals. Transferred from Court of Appeals. Tbe action was on the common counts. There was quite a number of pleas filed which are not deemed necessary to be here set out, as is indicated by the opinion. The controversy was over certain sums paid to- defendant by plaintiff under a home purchasing investment contract. It appears from the pleading and the evidence that plaintiff made and signed a. written application…
1Opinion of the Court
de GRAFFENRIED, J.
This is an action upon the common counts and, in some of its aspects, is simila-p to the cases of Southern Loan & Trust Co. v. Gissendaner, 4 Ala. App. 523, 58 South. 737, and Capital Securities Co. v. Holland, 6 Ala. App. 197, 60 South. 495,
*343The pleadings in this case we think meet the defects which were pointed ont by the Court of Appeals in Capital Securities Co. v. Holland, supra.
1. In this case there is one material element lacking Avhich was pointed out in the Gissendaner Case, supra. In the Gissendaner Case the agent of the defendant had been, in childhood, a playmate…
2Cases cited4 opinions
- Prestwood v. CarltonSupreme Court of Alabama · 1909
- Southern Loan & Trust Co. v. GissendanerAlabama Court of Appeals · 1912
- Dunham Lumber Co. v. HoltSupreme Court of Alabama · 1898
- Capital Security Co. v. HollandAlabama Court of Appeals · 1912
3Cited by7 opinions
- Capital Security Co. v. OwenSupreme Court of Alabama · 1916
- Letson v. Mutual Loan Soc.Supreme Court of Alabama · 1922
- Capital Securities Co. v. DavisAlabama Court of Appeals · 1915
- Brunswick Corporation v. SittasonSupreme Court of Alabama · 1964
- Capital Securities Co. v. HollandAlabama Court of Appeals · 1915
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