Moses Bros. v. Noble's Adm'r
Supreme Court of Alabama
Appeal from the Chancery Court of Montgomery. Heard before the Hon. Ti-ios. W. Coleman. The bill in this case was filed on the 2d January, 1882, by Mrs. Lucy B. Noble, wife of Edward E. Noble and daughter of B. H. Micou, against Moses Brothers, a partnership doing business in the city of Montgomery; and sought equitable relief, on allegations of fraud, undue influence, and usury, against a judgment for $13,035.53, which the complainant had confessed in favor of the…
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Appeal from the Chancery Court of Montgomery. Heard before the Hon. Ti-ios. W. Coleman. The bill in this case was filed on the 2d January, 1882, by Mrs. Lucy B. Noble, wife of Edward E. Noble and daughter of B. H. Micou, against Moses Brothers, a partnership doing business in the city of Montgomery; and sought equitable relief, on allegations of fraud, undue influence, and usury, against a judgment for $13,035.53, which the complainant had confessed in favor of the defendants, in the City Court of Montgomery, on the 13th March, 1877; also, for an account of the various transactions between…
1Opinion of the CourtClopton, J.
On the former appeal (81 Ala. 530) it was held, that the transactions mentioned in the bill, being between complainant’s intestate, who was then unmarried, and her father, with whom she resided as a member of his family, are regarded as transactions between persons occupying a fiduciary relation to each other, and that pecuniary obligations assumed by her, for his benefit, will not be sustained, unless the presumption of undue influence is rebutted. Also, that the defendants, who advanced money to the father on the daughter’s credit, with knowledge of the facts, occupy no higher or better…
2Cases cited5 opinions
- Noble's Adm'r v. Moses Bros.Supreme Court of Alabama · 1886
- Noble v. Moses Bros.Supreme Court of Alabama · 1883
- Paulling v. Creagh's AdministratorsSupreme Court of Alabama · 1875
- Harrison & Robinson v. JohnstonSupreme Court of Alabama · 1855
- Cowan v. JonesSupreme Court of Alabama · 1855
3Cited by6 opinions
- Ex Parte HealthSouth Corp.Supreme Court of Alabama · 2007
- Scheuer v. BerringerSupreme Court of Alabama · 1893
- Golden v. ConnerSupreme Court of Alabama · 1889
- Mayer Bros. v. GewinSupreme Court of Alabama · 1917
- Merchants' & Farmers' Bank v. RainerSupreme Court of Alabama · 1925
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