Collier v. Henderson
Supreme Court of Alabama
Appeal from tbe Circuit Court- of Pike. Tried, before the Hon. John P. Hubbard. Tbis action was brought by J. M. Collier, against J. T. Stephenson, W. P>. Henderson, and A. T. Lockard; and was commenced on tbe 10th February, 1887. Tbe action was discontinued as to Stephenson, who was not served with process; and tbe trial resulted in a verdict and judgment for tbe other defendants.
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Appeal from tbe Circuit Court- of Pike. Tried, before the Hon. John P. Hubbard. Tbis action was brought by J. M. Collier, against J. T. Stephenson, W. P>. Henderson, and A. T. Lockard; and was commenced on tbe 10th February, 1887. Tbe action was discontinued as to Stephenson, who was not served with process; and tbe trial resulted in a verdict and judgment for tbe other defendants. Tbe complaint contained only tbe common counts, and sought to recover money paid by plaintiff under tbe following circumstances: Stephenson, who was tbe county superintendent of education, applied to plaintiff in…
1Opinion of the CourtStone, C. J.
When Stephenson, the county superintendent of education, borrowed money from Collier, he transferred to him, first, the county apportionment-sheet, and, afterwards, the auditor’s warrant on the tax-collector. These were transferred to Collier that he might, through them, collect from the tax-collector enough of the school fund of the county to repay to him the money he had lent to Stephenson. Holding the apportionment-sheet and the auditor’s warrant, he did receive from the tax-collector a sufficient fund to *282reimburse himself. He knew, however, when he received this money, that it belonged to…
2Cases cited6 opinions
- City Council v. HughesSupreme Court of Alabama · 1880
- Lee v. LeeSupreme Court of Alabama · 1880
- Morrow v. WoodSupreme Court of Alabama · 1876
- Kirkman, Abernathy & Hanna v. BenhamSupreme Court of Alabama · 1856
- Stephens v. BrodnaxSupreme Court of Alabama · 1843
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- American Bonding Co. v. Fourth Nat. BankSupreme Court of Alabama · 1921
- Leach v. GraySupreme Court of Alabama · 1917