Stanley & Co. v. Sheffield Land, Iron & Coal Co.
Supreme Court of Alabama
Appeal from tbe Circuit Court of Colbert. Tried before tbe Hon. H. C. Speake. This action was brought by Andrew S. Stanley and Edward P. Miller, suing as partners under the firm name of A. S. Stanley & Co., against the Sheffield Land, Iron and Coal Company, a private corporation; and was commenced on the 21st July, 1884. The complaint contained only the common' counts, — on an account, on an account stated, for money loaned, for money paid and expended, for work and labor…
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Appeal from tbe Circuit Court of Colbert. Tried before tbe Hon. H. C. Speake. This action was brought by Andrew S. Stanley and Edward P. Miller, suing as partners under the firm name of A. S. Stanley & Co., against the Sheffield Land, Iron and Coal Company, a private corporation; and was commenced on the 21st July, 1884. The complaint contained only the common' counts, — on an account, on an account stated, for money loaned, for money paid and expended, for work and labor done, and for goods sold and delivered; though there seems to have been a special count also, to which a demurrer was…
1Opinion of the CourtSomerville, J.
— If the action were brought by the plaintiffs, as transferrees of the “labor-tickets” described in „ the bill of exceptions, it is clear that, under the authority of Tabler v. Sheffield Land, Iron & Coal Company, 79 Ala. 377, no recovery on them could be sustained. The count based on this phase of the case was abandoned, however, in the court below, by being stricken from the complaint, and the present action is on the common counts.
*262The suit can be sustained only on tbe theory, that the amount paid by the plaintiffs to the holders of these “labor-tickets” was paid to them by the request, or…
2Cases cited2 opinions
- Tabler, Crudup & Co. v. Sheffiield Land, Iron & Coal Co.Supreme Court of Alabama · 1885
- Warten v. StraneSupreme Court of Alabama · 1886
3Cited by9 opinions
- Corley v. VizardSupreme Court of Alabama · 1919
- Tabler, Crudup & Co. v. Sheffield Land, Iron & Coal Co.Supreme Court of Alabama · 1888
- Mobile Savings Bank v. McDonnellSupreme Court of Alabama · 1888
- Mobile & Girard Railroad v. CogsbillSupreme Court of Alabama · 1888
- Miller v. MayerSupreme Court of Alabama · 1899
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