Blum v. Jones
Supreme Court of Alabama
Appeal from the City Court of Montgomery. Tried before the Hon. John D. Cunningham. This action was brought by Mrs. Frances A. Jones against Edward Blum. The original complaint contained a special count, which was struck out by amendment, and the common count for money had and received; and the cause was tried on issue joined on the plea of the general issue.
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Appeal from the City Court of Montgomery. Tried before the Hon. John D. Cunningham. This action was brought by Mrs. Frances A. Jones against Edward Blum. The original complaint contained a special count, which was struck out by amendment, and the common count for money had and received; and the cause was tried on issue joined on the plea of the general issue. The plaintiff sought to recover from the defendant money arising from the sale of cotton, which he had received from one Hereford, who was the plaintiff’s tenant, and had sold before the commencement of the suit. The court charged the…
1Opinion of the CourtB. F. Saffold, J.
The complaint, amended by striking out the first count, shows a suit in assumpsit for money had and received, brought by the appellee against the appellant. The ground of the action is, that the defendant purchased cotton from the plaintiff’s tenant, with knowledge of her lien as landlord, and appropriated it to his own use, when there had been no payment or no satisfaction of her rent. The court charged the jury that, under the facts thus stated, if the defendant knew the rent had not been paid, and had sold the cotton when the suit was instituted, the plaintiff was entitled to recover the…
2Cases cited3 opinions
- Thompson v. MerrimanSupreme Court of Alabama · 1849
- Thompson v. SpinksSupreme Court of Alabama · 1847
- Dulany v. DickersonSupreme Court of Alabama · 1847
3Cited by2 opinions
- Westmoreland & Trousdale v. FosterSupreme Court of Alabama · 1877
- Bank of Ramer v. DerdenSupreme Court of Alabama · 1924