J. R. Raible Co. v. City Bank & Trust Co.

The statute and special finding of fact and previous decisions as to same .were considered in Jones v. Hines, 205 Ala. 145, 87 So. 531.

The first appeal is reported in 22 Ala. App. 68, 112 So. 543, and the issues were practically the same as in the present appeal.

The opinion of Judge Samford was to the effect that appellant could not legally set off any amount due under the $1,500 note, which was not actually received by Raymond Heading Company, in that as to the amount of said note which was received and used by the Treadaway Cooperage Company the Raymond Heading Company was acting as surety,…