Steiner Bros. v. Clisby
Supreme Court of Alabama
Appeal from the City Court of Birmingham. Tried before the Hon. H. A. Shabpe. This is an action for money had and received, brought by Steiner Brothers against A. A. Clisbyand, as originally filed, the complaint consisted of two common counts ; the first, for money had and received for the use of the plaintiffs ; and the second, for the use of M. L. & C. Ernst, with an averment that the claim was the property of the plaintiffs, having been transferred to them before the…
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Appeal from the City Court of Birmingham. Tried before the Hon. H. A. Shabpe. This is an action for money had and received, brought by Steiner Brothers against A. A. Clisbyand, as originally filed, the complaint consisted of two common counts ; the first, for money had and received for the use of the plaintiffs ; and the second, for the use of M. L. & C. Ernst, with an averment that the claim was the property of the plaintiffs, having been transferred to them before the commencement of the suit. The suit was commenced on the 7th day of January, 1892. On the 6th of March, 1893, the plaintiffs…
1Opinion of the CourtHaralson, J.
1. It is well understood, everywhere, that the action for mony had and received is a liberal and equitable action, and on principles of natural justice and equity will be supported, when the defendant has received money, which in good conscience he ought *191not to retain, and which, exequo et bono, belongs to the plaintiff. The law implies a promise that he will pay it;' and the only privity between the parties that need be shown in such an action, arises from this promise implied by law, that the defendant, having in his hands money which belongs to the plaintiff, will pay it over to him. —…
2Cases cited9 opinions
- Booker v. JonesSupreme Court of Alabama · 1876
- Gary v. MayOhio Supreme Court · 1847
- Thompson v. MerrimanSupreme Court of Alabama · 1849
- Russell v. LittleSupreme Court of Alabama · 1856
- Mobile & Montgomery Railway Co. v. FelrathSupreme Court of Alabama · 1880
4 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Finney v. Studebaker Corp. of AmericaSupreme Court of Alabama · 1916
- Fidelity & Casualty Co. v. J. D. Pittman Tractor Co.Supreme Court of Alabama · 1943
- Allen v. M. Mendelsohn & SonSupreme Court of Alabama · 1922
- Joe Cooper & Assoc. v. Central LifeSupreme Court of Alabama · 1993
- Bettis v. McNiderSupreme Court of Alabama · 1902
4 more not listed; retrieve them via the Exa API.