Carter Bros. & Co. v. Coleman
Supreme Court of Alabama
Appeal from Hale Chancery Court;. Heard before Hon. Thomas W. Coleman. This case' was before the court on former appeal on demurrer to original bill with exhibits and amendments, 82 Ala. 177. Coleman, a merchant, made a sale of a stock of goods to Lawson, his brother-in-law, the consideration of which was an antecedent debt of $1,400.00, consisting of two notes of Coleman, one for $1,000.00 and one for $400.00, discounted by Lawson, who was a banker, at 1 per cent, per…
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Appeal from Hale Chancery Court;. Heard before Hon. Thomas W. Coleman. This case' was before the court on former appeal on demurrer to original bill with exhibits and amendments, 82 Ala. 177. Coleman, a merchant, made a sale of a stock of goods to Lawson, his brother-in-law, the consideration of which was an antecedent debt of $1,400.00, consisting of two notes of Coleman, one for $1,000.00 and one for $400.00, discounted by Lawson, who was a banker, at 1 per cent, per month, and the balance in cash. The terms of sale showed that this balance was to be used in paying other creditors, and it…
1Opinion of the CourtStone, C. J.
The law condemns motives and intents, only when they are carried into an act which is itself illegal. T£ the end accomplished be lawful, it is immaterial what may have prompted it, provided the intent itself inflict no personal or pecuniary wrong, and does not aggravate the result. Hence it is that the prosecution and conviction of a guilty *258person, no matter liow malicious or selfisli the motive, furnishes no ground for a malicious prosecution. Hence it is that the attempt to commit the highest crime — for instance, murder by poisoning — made by administering an ingredient that is perfectly…
2Cases cited6 opinions
- South & North Alabama Railroad v. MorrisSupreme Court of Alabama · 1880
- Crawford v. KirkseySupreme Court of Alabama · 1876
- Hodges Bros. v. Coleman & CarrollSupreme Court of Alabama · 1884
- Smith v. Louisville & Nashville RailroadSupreme Court of Alabama · 1883
- Rankin & Co. v. Vandiver & Co.Supreme Court of Alabama · 1885
1 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Alabama Public Service Commission v. Mobile Gas Co.Supreme Court of Alabama · 1925
- Jackson v. Citizens Bank & Trust Co.Supreme Court of Florida · 1907
- Kentucky Bank & Trust Co. v. PritchettSupreme Court of Oklahoma · 1914
- Youngblood v. Birmingham Trust & Savings Co.Supreme Court of Alabama · 1891
- Dollins & Adams v. Pollock & Co.Supreme Court of Alabama · 1889
15 more not listed; retrieve them via the Exa API.