Hardie v. Turner
Supreme Court of Alabama
Writ of Error to the Circuit Court of Talladega. This was an action of assumpsit, at the suit of the defendant in error. The declaration contains two counts. 1. For money had and received. 2. Upon an account stated. To which the defendant pleaded, 1. Non-assumpsit. 2. Payment. 3. Set-oif. Issues were thereupon joined, and the cause submitted to a jury.
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Writ of Error to the Circuit Court of Talladega. This was an action of assumpsit, at the suit of the defendant in error. The declaration contains two counts. 1. For money had and received. 2. Upon an account stated. To which the defendant pleaded, 1. Non-assumpsit. 2. Payment. 3. Set-oif. Issues were thereupon joined, and the cause submitted to a jury. The plaintiff adduced a letter written by the defendant, of the following tenor, viz : “ Mardisville, Alabama, 30th Oct. 1843. Green P. Rice, Esq: Dear Sir — When your letter arrived I was absent from home. In reply, I have to state, that Mr.…
1Opinion of the CourtCollier, C. J.
The defendant’s letter is an explicit admission that he received from Terry, a demand of Mrs. Turner for money due her, from her relations in Virginia ; and that he had collected in part thereof the sum of three hundred dollars. Who Mrs. Turner is, or what is her first name, is not indicated by the evidence demurred to, yet we think that the jury would have been warranted, in the absence of all opposing proof, in inferring that she was the person referred to; especially as she was in possession of the defendant’s letter to Rice, and if she was not the Mrs. Turner to whom the demand received…
2Cited by2 opinions
- Boyd v. GilchristSupreme Court of Alabama · 1849
- Strong v. Catlin's Adm'rSupreme Court of Alabama · 1861