Cook v. Bloodgood
Supreme Court of Alabama
Writ of error to the Circuit Court of Lowndes. This was an action of assumpsit at the suit of the defendant in error against the plaintiffs, for money had and received, for neglect as attorneys in not collecting a note placed in their hands for collection, for discharging and acquitting the parties thereto from its payment, &c. The cause was tried by a jury, who returned a verdict for the plaintiff, on which judgment was rendered.
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Writ of error to the Circuit Court of Lowndes. This was an action of assumpsit at the suit of the defendant in error against the plaintiffs, for money had and received, for neglect as attorneys in not collecting a note placed in their hands for collection, for discharging and acquitting the parties thereto from its payment, &c. The cause was tried by a jury, who returned a verdict for the plaintiff, on which judgment was rendered. On the trial the defendants excepted to the ruling of the Court. From the bill of exceptions, it appears, that the defendants had obtained a judgment as partners in…
1Opinion of the Court
COLLIER, C. J. —
-It is clear, that all the counts in the declaration are in assumpsit. True, some of them may attribute neglect of professional duty, or even impropriety of conduct, yet they all set out the defendant’s undertaking to collect the money, and alledge a promise to make good the loss resulting from a breach of their undertaking. Mardis’ admr’s v. Shack-leford, (4 Ala. Rep. 493,) is a decisive authority on this point.
There can be no question but Lamkin transcended his powers in receiving his own notes in satisfaction of the plaintiff’s execution against Harrison and others, and…
2Cases cited3 opinions
- Mackie v. CairnsCourt for the Trial of Impeachments and Correction of Errors · 1825
- Mardis' Adr's v. ShacklefordSupreme Court of Alabama · 1842
- Smith v. LoringOhio Supreme Court · 1826
3Cited by8 opinions
- Berk v. State Ex Rel. ThompsonSupreme Court of Alabama · 1932
- Strange v. WatsonSupreme Court of Alabama · 1847
- Ellis v. SmithSupreme Court of Alabama · 1868
- Hodges v. LairdSupreme Court of Alabama · 1846
- Lupton v. TaylorIndiana Court of Appeals · 1906
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