Oliver v. Camp
Alabama Court of Appeals
Appeal from Jefferson Circuit Court. Heard before Hon. John C. Pugh. Assumpsit by George 0. Oliver against John T. Camp. From a judgment for defendant, plaintiff appeals.
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Appeal from Jefferson Circuit Court. Heard before Hon. John C. Pugh. Assumpsit by George 0. Oliver against John T. Camp. From a judgment for defendant, plaintiff appeals. Charge 1 referred to in the opinion is as follows: “I charge yon that the burden of proof is on the plaintiff to reasonably satisfy you that any money which may have been paid by plaintiff for defendant to make defendant liable therefor must have been paid by the plaintiff at the request of defendant before the plaintiff can recover it back.” The evidence supported an action for money paid as no estoppel is shown. — 27 Cyc.…
1Opinion of the Court
WALKER, P. J. —
This was an action on the common counts. The count sought to be sustained by evidence was the one for money paid by the plaintiff for the use of the defendant at his request. The evidence for the plaintiff tended to prove that he paid the premium on an accident policy which he as an insurance agent procured to be issued to the defendant; there being evidence tending to prove that the defendant made written application for a policy, and also that he ratified the issuance of the policy by promising to pay the premium after the policy was delivered to him. The evidence for the…
2Cases cited3 opinions
- Ross v. PearsonSupreme Court of Alabama · 1852
- Evans v. Billingsley's Adm'rSupreme Court of Alabama · 1858
- Mooney v. ParkerSupreme Court of Alabama · 1851
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