Rutherford v. McIvor
Supreme Court of Alabama
Error to tbe Circuit Court of Macon. Tried before Hon. Robert Dougherty. Assumpsit by tbe plaintiff in error against tbe defendant, as tbe surviving partner of tbe firm of McLester & Mclvor, attorneys at law, to recover mone}^ alleged to bave been overpaid to tbem by mistake.
Read the full summary
Error to tbe Circuit Court of Macon. Tried before Hon. Robert Dougherty. Assumpsit by tbe plaintiff in error against tbe defendant, as tbe surviving partner of tbe firm of McLester & Mclvor, attorneys at law, to recover mone}^ alleged to bave been overpaid to tbem by mistake. It appeared on tbe trial, tliat McLester & Mclvor, as attorneys at law, bad charge of several executions in favor of tbe Branch Bank at Montgomety, against persons residing in Macon county, which executions tbe plaintiff, who was tbe sheriff of said county, bad received for collection. Tbe plaintiff proved that, in…
1Opinion of the CourtDargan, C. J.
— We cannot perceive that tbe court erred in admitting tbe testimony to wbicb tbe plaintiff objected. *755Tbe mortgage from tbe plaintiff to Williams, it is true, bas no connection witb tbis case; and if there bad been no contest as to tbe fact of an over-payment, tbe mortgage would bave been entirely irrelevant. But tbe material inquiry was, whether an over-payment bad been in fact made. Tbis was tbe contested matter of fact, and we think that tbe defendant may show tbe inability of tbe plaintiff to make it; and if be can, of course, every circumstance tending to prove such inability may go to…
2Cases cited2 opinions
- Utica Bank v. Van GiesonNew York Supreme Court · 1821
- Hawley v. SageSupreme Court of Connecticut · 1842
3Cited by24 opinions
- Nelson v. Shelby Manufacturing & Improvement Co.Supreme Court of Alabama · 1893
- Town Council of Cahaba v. BurnettSupreme Court of Alabama · 1859
- Young & Son v. Lehman, Durr & Co.Supreme Court of Alabama · 1879
- Garner v. FrySupreme Court of Iowa · 1898
- Rice v. Tuscaloosa CountySupreme Court of Alabama · 1941
19 more not listed; retrieve them via the Exa API.