Branch Bank v. Fry
Supreme Court of Alabama
Appeal from the Circuit Court of Mobile. Tried before the Hon. John A. Cdthbert. Assumpsit by William Fry, an infant who sues by his next friend, against the plaintiff in error, for the-“use and occupation of premises belonging to plaintiff in the City of Mobile; also for money received by defendant for the use of plaintiff, for money due upon an account stated, and money due for interest.”
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Appeal from the Circuit Court of Mobile. Tried before the Hon. John A. Cdthbert. Assumpsit by William Fry, an infant who sues by his next friend, against the plaintiff in error, for the-“use and occupation of premises belonging to plaintiff in the City of Mobile; also for money received by defendant for the use of plaintiff, for money due upon an account stated, and money due for interest.” The case was tried on the following agreed statement of facts: “ William W. Fry? father of plaintiff, and George H. Fry were owners in common of the premises herein referred to, in 1835, and continued said…
1Opinion of the CourtChilton, C. J.
It is very clear that the Bank is not entitled to this money upon any supposed ground of retainer as a creditor of the estate of W. W. Fry, deceased, for the record shows that its judgment against said Fry has been satisfied, and states no other indebtedness. We must intend, also, that the demand now sued for constituted no part of the satisfaction of that judgment, as the bill of exceptions taken at the instance of the Bank, and which therefore must be construed most strongly against it, fails to show that the money sued for in this action was credited upon its demand.
The money received by…
2Cases cited2 opinions
- Masterson v. Girard's HeirsSupreme Court of Alabama · 1846
- Mansony v. United States BankSupreme Court of Alabama · 1843
3Cited by15 opinions
- Steele v. Steele's Adm'rSupreme Court of Alabama · 1879
- Calhoun v. FletcherSupreme Court of Alabama · 1879
- Scott v. WareSupreme Court of Alabama · 1880
- Tyson v. BrownSupreme Court of Alabama · 1879
- Lee's Adm'r v. DowneySupreme Court of Alabama · 1880
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