Legal Opinion

Edwards v. Levinshon

Supreme Court of Alabama

Decided December 15, 1886PublishedCited by 5 opinions

Appeal from the Circuit Court of Mobile. Tried before the Hon. ¥m. E. Clarke. This action was brought by Jacob Levinshon, against Joseph B. Edwards, as the surviving partner of the late firm of Chamberlain & Co., to recover the amount due on four written instruments, called “ Seamen’s Advance Notes,” of which the plaintiff claimed to be the owner by assignment, and which were directed to said Chamberlain & Co., with whom money was deposited to pay them when they became due.

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Appeal from the Circuit Court of Mobile. Tried before the Hon. ¥m. E. Clarke. This action was brought by Jacob Levinshon, against Joseph B. Edwards, as the surviving partner of the late firm of Chamberlain & Co., to recover the amount due on four written instruments, called “ Seamen’s Advance Notes,” of which the plaintiff claimed to be the owner by assignment, and which were directed to said Chamberlain & Co., with whom money was deposited to pay them when they became due. The original complaint contained a special count on the notes, and the common count for money had and received ; but a…

1Opinion of the CourtClopton, J.

Chamberlain & Go. were garnisheed in a suit brought before a justice of the peace by Waganer against Hugh Fox and wife. By their answer, made March 22, 1884, they admitted having possession of the money, deposited with them to pay four “Seamen Advance Notes,” which the plaintiff in the garnishment claimed belonged to the defendants; but they also alleged that they had been notified that appellee claimed title to the money. On March 24, process of garnishment was issued, at • the instance of the plaintiff, against the appellee to appear on the next day, and answer as garnishee. The entry made…

2Cases cited4 opinions

  1. Gunn v. HowellSupreme Court of Alabama · 1855
  2. Security Loan Ass'n v. WeemsSupreme Court of Alabama · 1881
  3. Levisohn v. WaganerSupreme Court of Alabama · 1884
  4. Wicks v. Branch Bank at MobileSupreme Court of Alabama · 1847

3Cited by5 opinions

  1. Scott v. MardenCourt of Appeals of Maryland · 1927
  2. House v. WestSupreme Court of Alabama · 1895
  3. Geck v. Security State BankSupreme Court of Oklahoma · 1928
  4. Abe M. Draisner v. Liss Realty Co.Court of Appeals for the D.C. Circuit · 1955
  5. Foshee v. Board of Education of Houston CountySupreme Court of Alabama · 1938

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