Williams v. Gallyon
Supreme Court of Alabama
Appeal from the District Court of Colbert. Tried before the Hon. W. P. Chitwood. The evidence shows that, on the 5th, February 1891, appellants through E. J. Davis presented to Gallyon and Son an order drawn on them by Banks in favor of Appellants for $2,654.94. This order Gallyon and Son after telling Davis that they owed Banks $500 or $600, they put in their safe and kept it for over 2 years.
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Appeal from the District Court of Colbert. Tried before the Hon. W. P. Chitwood. The evidence shows that, on the 5th, February 1891, appellants through E. J. Davis presented to Gallyon and Son an order drawn on them by Banks in favor of Appellants for $2,654.94. This order Gallyon and Son after telling Davis that they owed Banks $500 or $600, they put in their safe and kept it for over 2 years. In fact they orally accepted it.— Auerbach v. Pritchett, 58 Ala. 457. Retention of the order was an acceptance. Code section 1770; Story on Bills, section 246. 1 Brick. Dig. 17 section 13. 3 Brick.…
1Opinion of the CourtColeman, J.
The appellants instituted proceedings to recover a judgment against Gallyon & Son, and to enforce a material-man’s lien for slating furnished to roof certain property described in the complaint, belonging to the Memphis & Charleston Railroad Company. No others are parties defendant to the suit. The case was tried by the court without a jury and judgment rendered for the defendants. We will first consider the liability of Gallyon & Son to the plaintiffs. It appears from the evidence that Gallyon & Son contracted with the Railroad Company “to put up the building;” that the Railroad Company…
2Cases cited2 opinions
- Auerbach v. PritchettSupreme Court of Alabama · 1877
- Anderson & Co. v. JonesSupreme Court of Alabama · 1893
3Cited by3 opinions
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- Rutledge v. RowlandSupreme Court of Alabama · 1909
- American Ry. Express Co. v. BaerSupreme Court of Alabama · 1922