T. & W. Brandon v. Planters & Merchants' Bank of Huntsville
Supreme Court of Alabama
Thomas- and William Brandon as copartners, brought an action of trover in the Circuit Court of Madison county, against the President, Directors and Company of the Planters and Merchants’ Bank of Huntsville, and declared for the conversion of certain bank bills, issued by said Bank, two hundred and seven in number, describing them as amounting in all to the sum of @2190, and averring that they were equal in value to that sum.
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Thomas- and William Brandon as copartners, brought an action of trover in the Circuit Court of Madison county, against the President, Directors and Company of the Planters and Merchants’ Bank of Huntsville, and declared for the conversion of certain bank bills, issued by said Bank, two hundred and seven in number, describing them as amounting in all to the sum of @2190, and averring that they were equal in value to that sum. The defendants pleaded the general issue, and the cause was tried at the May term, 1826, of said Court. At the trial a jury was sworn to try the issue, when the counsel…
1Opinion of the Court
By JUDGE SAFFOLD.
This was an action of trover to recover $2,190 in notes of the Huntsville Bank. The parties proceeded to trial on the general issue. The trial was wrested from the jury by a demurrer to evidence on the part of the defandants ; which demurrer the Circuit Court sustained, the plaintiffs having refused to join in it until required by the Court to do so,
It is assigned for error, 1st. That the Court compelled the plaintiffs to join in the demurrer to evidence. 2nd. That the Court sustained the demurrer, and gave judgement for the defendants.
Evidence was introduced only on the part…
2Cited by13 opinions
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