Dreyfus Bros. v. Corn Products Co.
Supreme Court of Alabama
Appeal from Circuit Court, Montgomery County; Leon McCord, Judge. Action by the Corn Products Company against Dreyfus Bros, on the common counts. Judgment for the plaintiff, and the defendants appeal.
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Appeal from Circuit Court, Montgomery County; Leon McCord, Judge. Action by the Corn Products Company against Dreyfus Bros, on the common counts. Judgment for the plaintiff, and the defendants appeal. The following are the pleas referred to in the opinion: (3c) That prior to the institution of this suit the demand sued upon was in dispute between the plaintiff and defendants, and defendants, before suit brought, paid to the plaintiff the sum of $313.85, under the following circumstances, namely: Defendants, having received from the plaintiff during the month of December, 1908, a request that…
1Opinion of the CourtBrown, J.
[1] The averments of defendants’ plea 3c, when construed most strongly against the pleader, as must be done on- demurrer, shows there was no dispute between the parties as to the amount or justness of plaintiff’s demand against the defendants, but that the dispute was in respect to the set-off claimed by the defendants. The defendants could not, without the consent of the plaintiff, apply a counterclaim or cross-demand to the admitted indebtedness due the plaintiff, and thereby reduce the amount of the plaintiff’s demand, or create a dispute in respect to the amount due thereon. Wharton v.…
2Cases cited8 opinions
- United States v. E. C. Knight Co.Supreme Court of the United States · 1895
- D. R. Wilder Manufacturing Co. v. Corn Products Refining Co.Supreme Court of the United States · 1915
- Anderson v. United StatesSupreme Court of the United States · 1898
- Hand Lumber Co. v. HallSupreme Court of Alabama · 1906
- Wharton v. KingSupreme Court of Alabama · 1881
3 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Craft v. Standard Acc. Ins. Co.Supreme Court of Alabama · 1929
- Boohaker v. TrottSupreme Court of Alabama · 1962
- Ray v. ALA. CENT. CREDIT UNIONSupreme Court of Alabama · 1985
- Ex Parte RiceSupreme Court of Alabama · 1952
- Stewart v. Capital Fertilizer Co.Supreme Court of Alabama · 1922
6 more not listed; retrieve them via the Exa API.