Curry v. Shelby
Supreme Court of Alabama
Appeal from tlie Circuit Court of Madison. Tried before the Hon. Henry O. Speake. This action was brought by Dr. Anthony B. Shelby, against Burwell J. Curry, and was commenced on the 10th January, 1888. The complaint contained the common counts, each claiming $200, and a special count on a written order signed by the defendant, directed to D. D. Shelby, instructing him to pay plaintiff $200 out of the proceeds, when collected, of a specified claim in his hands as attorney…
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Appeal from tlie Circuit Court of Madison. Tried before the Hon. Henry O. Speake. This action was brought by Dr. Anthony B. Shelby, against Burwell J. Curry, and was commenced on the 10th January, 1888. The complaint contained the common counts, each claiming $200, and a special count on a written order signed by the defendant, directed to D. D. Shelby, instructing him to pay plaintiff $200 out of the proceeds, when collected, of a specified claim in his hands as attorney for collection; which order was indorsed by D. D. Shelby, April 11th, 1887, “It is doubtful about ever making any…
1Opinion of the CourtOlopton, J.
The complaint contains the common counts, and a special count declaring on a written order drawn by defendant in favor of plaintiff. The suit is really founded •on defendant’s personal liability for services rendered by plaintiff, as physician, to F. L. Hammond, who was the father of the defendant’s wife, and to whose house he was carried when injured. The sole question we deem necessary to consider is, the propriety of the affirmative charge given in favor of the plaintiff.
The order, upon which the special count is founded, is not an absolute, unconditional promise to pay the sum specified…
2Cases cited1 opinion
- DePoister v. GilmerSupreme Court of Alabama · 1886
3Cited by7 opinions
- McClenahan v. KeyesCalifornia Supreme Court · 1922
- Abbett v. PageSupreme Court of Alabama · 1890
- Eufaula Grocery Co. v. Missouri National BankSupreme Court of Alabama · 1897
- Weil v. CenterfitSupreme Court of Alabama · 1918
- Hogan v. ColleySupreme Court of Alabama · 1933
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