Haas & Co. v. Citizens Bank
Supreme Court of Alabama
Appeal from Montgomery Circuit Court. Heard before the Hon. J. C. Richardson. This was a suit by J. C. Haas & Company against the Citizens Bank of Dyersburg, a Tennessee corporation, instituted by an attachment issued by and returnable to W. O. Fuller, a justice of the peace for Montgomery county. A judgment was rendered by the justice in favor of plaintiff, whereupon the defendant appealed to the circuit court of Montgomery.
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Appeal from Montgomery Circuit Court. Heard before the Hon. J. C. Richardson. This was a suit by J. C. Haas & Company against the Citizens Bank of Dyersburg, a Tennessee corporation, instituted by an attachment issued by and returnable to W. O. Fuller, a justice of the peace for Montgomery county. A judgment was rendered by the justice in favor of plaintiff, whereupon the defendant appealed to the circuit court of Montgomery. In the. circuit court the demurrers interposed by defendant to plaintiff’s complaint were sustained, and, plaintiff refusing to plead over, judgment ivas rendered for…
1Opinion of the CourtTyson, J.
The question raised by demurrer to the complaint as amended because of misjoinder of courts was .eliminated by striking the third count, which was the common count for money had and received^ The theory of this demurrer was that the two special counts were in case — for a breach of duty. We do not so con*570strue them. They are .each clearly a special declaration in assumpsit, predicated upon a breach of contract and practically seek a recovery for the money paid by plaintiffs for goods which were never delivered to tlitm. They are in substance counts for money had and received, averring…
2Cases cited5 opinions
- Finch v. . GreggSupreme Court of North Carolina · 1900
- Searles Bros. v. Smith Grain Co.Mississippi Supreme Court · 1902
- Eufaula Grocery Co. v. Missouri National BankSupreme Court of Alabama · 1897
- Commercial Bank v. HurtSupreme Court of Alabama · 1892
- American National Bank v. Henderson & Co.Supreme Court of Alabama · 1898
3Cited by15 opinions
- Mason v. A. E. Nelson Cotton Co.Supreme Court of North Carolina · 1908
- Hicks v. MeadowsSupreme Court of Alabama · 1915
- Cosmos Cotton Co. v. 1st National BankSupreme Court of Alabama · 1911
- H. C. Schrader Co. v. A. Z. Bailey Groc. Co.Alabama Court of Appeals · 1917
- Leonhardt v. SmallTennessee Supreme Court · 1906
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