Winter v. Mobile Savings Bank
Supreme Court of Alabama
Appeal 'from Mobile Circuit Court. Tried before Hon. John Elliott. The case is stated in the opinion.
1Opinion of the CourtBrickell, C. J.
The case presents a singular state of pleadings. The complaint contains three counts — the first, a general count, on an account, not disclosing its consideration; the second, a count for money loaned; the third, a count on an account stated. The defendant pleaded eleven different pleas, including the general issue, payment, want of consideration, failure of consideration, set off, accord and satisfaction, the statute of limitations of six years — of three years- — that the consideration of the plaintiff’s claim was Confederate treasury notes, and in different forms, that the claim was…
2Cases cited5 opinions
- Marine Bank v. Fulton BankSupreme Court of the United States · 1865
- Shumake v. Nelms' Adm'rSupreme Court of Alabama · 1854
- McAden v. GibsonSupreme Court of Alabama · 1843
- Wray v. Tuskegee InsuranceSupreme Court of Alabama · 1859
- Clements v. EslavaSupreme Court of Alabama · 1837
3Cited by11 opinions
- Texas & Pacific Railway Co. v. RaneyTexas Supreme Court · 1894
- Burnett Bean v. MillerSupreme Court of Alabama · 1921
- Lee v. DeBardeleben Coal & Iron Co.Supreme Court of Alabama · 1893
- Chirstian & Daniel v. Niagara Fire InsuranceSupreme Court of Alabama · 1893
- Barbour v. Washington Fire & Marine InsuranceSupreme Court of Alabama · 1877
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