Adams v. Thornton
Supreme Court of Alabama
Appeal from the Circuit Court of Montgomery. Tried before the lion. JoiinP. Hubbard. This action was brought by Thornton & Wellborn, suing as partners, against James B. Adams, and was founded on an attachment bond, the condition of which was, “ that the said Adams shall prosecute his said attachment to effect, and pay the said Thornton & Wellborn all such costs and damages as they may sustain by reason- of the wrongful or vexatious suing out of said attachment.”
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Appeal from the Circuit Court of Montgomery. Tried before the lion. JoiinP. Hubbard. This action was brought by Thornton & Wellborn, suing as partners, against James B. Adams, and was founded on an attachment bond, the condition of which was, “ that the said Adams shall prosecute his said attachment to effect, and pay the said Thornton & Wellborn all such costs and damages as they may sustain by reason- of the wrongful or vexatious suing out of said attachment.” The attachment was sued out on the ground that the defendants, who were merchants doing business in the city of Montgomery, were…
1Opinion of the CourtStone, C. J.
The questions presented by this record arise on charges given and refused. We will consider only such as are pressed in argument before us.
The fifth charge given at the instance of the plaintiffs is in the following language: “ Fraud is not by law, or in common charity, imputable, when the facts and circumstances out of which it is supposed to arise may consist with purity of intention. To justify the imputation of fraud, the facts must be such that they are not explicable on any other reasonable hypothesis.” The objection to the charge is, that in its second clause it exacts too high a…
2Cases cited29 opinions
- Shultz v. . HoaglandNew York Court of Appeals · 1881
- Lockhard v. BeckleyWest Virginia Supreme Court · 1877
- Pickett v. PipkinSupreme Court of Alabama · 1879
- Thames & Co. v. Rembert's Adm'rSupreme Court of Alabama · 1879
- Tesney v. StateSupreme Court of Alabama · 1884
24 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Louisville & Nashville Railroad v. JonesSupreme Court of Alabama · 1887
- Fonville v. StateSupreme Court of Alabama · 1890
- Dolan v. StateSupreme Court of Alabama · 1886
- Phœnix Insurance v. MoogSupreme Court of Alabama · 1886
- Moses v. Katzenberger & SonsSupreme Court of Alabama · 1887
11 more not listed; retrieve them via the Exa API.