Stewart v. Frazier
Supreme Court of Alabama
EiieoR to the County Court of Sumter. This was an action of assumpsit, brought by the defendant against the plaintiffs in error. Upon the trial, it appeared that the plaintiff sent to the defendants, commission merchants in Mobile, a negotiable note, to be discounted in one of the banhs of that city, and the proceeds to be received by them for his use. That the note was discounted, and the proceeds thereof, the amount sued for, received by the defendants.
Read the full summary
EiieoR to the County Court of Sumter. This was an action of assumpsit, brought by the defendant against the plaintiffs in error. Upon the trial, it appeared that the plaintiff sent to the defendants, commission merchants in Mobile, a negotiable note, to be discounted in one of the banhs of that city, and the proceeds to be received by them for his use. That the note was discounted, and the proceeds thereof, the amount sued for, received by the defendants. There was no proof that any instructions were given to the defendants by the plaintiff, as to the, mode of transmitting the funds, or as to…
1Opinion of the CourtOrmond, J.
From the testimony, it appears that the plaintiffs in error became the agents of the defendant, to negotiate a note of the defendant in one of the banks of Mobile, and to receive the money arising therefrom to Inis use. It does not appear that any instructions were given to the plaintiffs in error, to transmit the money from Mobile to the residence of the defendant in Sumter county, and none can be implied from the nature of the transaction. If, therefore, the money has been lost in the attempt to transmit it to the defendant in error, although kindly meant, and done with the best intentions,…
2Cited by5 opinions
- Jenkins v. BaconMassachusetts Supreme Judicial Court · 1873
- Cowen v. PressprichAppellate Terms of the Supreme Court of New York · 1922
- Hammett v. BrownSupreme Court of Alabama · 1877
- Colyar v. TaylorTennessee Supreme Court · 1860
- Colyar v. TaylorTennessee Supreme Court · 1860