Legal Opinion

Bank of Guntersville v. Webb

Supreme Court of Alabama

Decided November 15, 1895PublishedCited by 19 opinions

Appeal from Circuit Court of Jackson. Tried before Hon. James A. Bilbro. This was an action of assumpsit commenced on the 7tli day of August, 1893, by the Bank of Guntersville, a corporation, against D. M. Webb and T. J. Butler. The complaint contained' three counts, each claiming two hundred and .six and 19-100 dollars.

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Appeal from Circuit Court of Jackson. Tried before Hon. James A. Bilbro. This was an action of assumpsit commenced on the 7tli day of August, 1893, by the Bank of Guntersville, a corporation, against D. M. Webb and T. J. Butler. The complaint contained' three counts, each claiming two hundred and .six and 19-100 dollars. The-first count-claimed that-sum as due by -account on the 25th day of June, 1893 (?). The second was for money paid for de: fendants at their request by the plaintiff. The third for money loaned by plaintiff to defendants on tfie 25th day of June, 1892, Defendants owned a…

1Opinion of the CourtPiaralson, J.

This was an action of assumpsit instituted by appellant against the appellees. Exceptions were reseved by appellant to the action of the court in rulings on the evidence and in giving and refusing to give certain charges.

Defendant Butler, in testifying to what occurred between himself and the representative of the plaintiff, one Faulkner, at the time of the negotiations between them, which resulted in the delivery of the draft and the bill of lading to the bank, testified among other things, that he told Faulkner that he did not want to wait, as proposed by him, till Saturday and check on the…

2Cases cited4 opinions

  1. Beck & Pauli Lithographing Co. v. HouppertSupreme Court of Alabama · 1894
  2. Goetter, Weil & Co. v. PickettSupreme Court of Alabama · 1878
  3. Foster v. JohnsonSupreme Court of Alabama · 1881
  4. Blum & Co. v. MitchellSupreme Court of Alabama · 1877

3Cited by19 opinions

  1. Prestwood v. CarltonSupreme Court of Alabama · 1909
  2. Birmingham Railway, Light & Power Co. v. JordanSupreme Court of Alabama · 1910
  3. In Re Cajun Electric Power Cooperative, Inc., Cajun Electric Power Cooperative, Inc. v. Riley Stoker CorporationCourt of Appeals for the Fifth Circuit · 1986
  4. Wooddy v. MatthewsSupreme Court of Alabama · 1915
  5. Western Railway v. ArnettSupreme Court of Alabama · 1902

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