Hall Safe & Lock Co. v. Harwell
Supreme Court of Alabama
Appeal from the Circuit Court of Tallapoosa. Tried before the Hon. Jas. R. Dowdell. This action was brought by the appellant, an Ohio corporation, against James L. Harwell and W. A. Herren; and was commenced in a justice’s court, on the 16th March, 1887. The action was founded on the defendants’ promissory note for $75, which was dated at Dadeville, Ala., February 22d, 1886, and payable to the plaintiff or order, on the 1st November, 1886, “at the office of Bulger Wynn in…
Read the full summary
Appeal from the Circuit Court of Tallapoosa. Tried before the Hon. Jas. R. Dowdell. This action was brought by the appellant, an Ohio corporation, against James L. Harwell and W. A. Herren; and was commenced in a justice’s court, on the 16th March, 1887. The action was founded on the defendants’ promissory note for $75, which was dated at Dadeville, Ala., February 22d, 1886, and payable to the plaintiff or order, on the 1st November, 1886, “at the office of Bulger Wynn in Dadeville ;” and it contained a waiver of exemptions, and a stipulation for the payment of a reasonable attorney’s fee, in…
1Opinion of the CourtClopton, J.
The note upon which the action is founded, was in the possession of Bulger & Wynn, as attorneys of plaintiff, for collection. They were authorized to receive partial payment; and there can be no question, that the receipt given by W ynn to Harwell, the principal, is prima facie evidence of payment on the note of the amount specified in the receipt. At the time the payment was made, the note had not matured. Interest was allowed on the payment to the time of maturity, and the sum paid was received in satisfaction of the entire note. While an attorney may receive partial payments, and bind his…
2Cases cited1 opinion
- Robinson v. MurphySupreme Court of Alabama · 1881
3Cited by5 opinions
- Craft v. Standard Acc. Ins. Co.Supreme Court of Alabama · 1929
- Senn v. JosephSupreme Court of Alabama · 1894
- Coston-Riles Lumber Co. v. Alabama MacHinery & Supply Co.Supreme Court of Alabama · 1923
- Blackwell v. AdamsSupreme Court of Alabama · 1985
- Scales & Co. v. Mount & Co.Supreme Court of Alabama · 1890