Moore v. Henderson
Supreme Court of Alabama
Error to the Circuit Court of Lowndes. Tried before the Hon. Nathan Cook. 1. The plea to the first count in (he declaration should have been sustained — the facts of the plea bring the case within the principle decided in Branch Bank Montgomery v. Sydner, 7 Ala. 308. 2. The witness was improperly admitted. — Bean v. Pearsall, 12 Ala. 592. 1. The question raised on the demurrer is: can an agent maintain an action on a written promise made to himself? Whenever the contract is…
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Error to the Circuit Court of Lowndes. Tried before the Hon. Nathan Cook. 1. The plea to the first count in (he declaration should have been sustained — the facts of the plea bring the case within the principle decided in Branch Bank Montgomery v. Sydner, 7 Ala. 308. 2. The witness was improperly admitted. — Bean v. Pearsall, 12 Ala. 592. 1. The question raised on the demurrer is: can an agent maintain an action on a written promise made to himself? Whenever the contract is express, and made with the agent, and in his name, the agent may always sue, but the law never implies a promise in his…
1Opinion of the CourtChilton, J.
This was an action of assumpsit, brought by Archibald Henderson, the defendant in error, against the plaintiffs in error, as the administrators of Alex. B. Forney, deceased, to recover certain monies alleged to have been collected by their intestate upon certain notes placed in his hands, and for which notes said intestate gave a receipt, which is set out in the declaration ip these words: “ Received of J. C. McConnaughy for A. Henderson, the following notes for collection — four notes on W. F. Bird as principal, and M. J. Relph and B. J. Relph, as securities, for forty dollars each, dated 3d…
2Cases cited3 opinions
- Bean v. PearsallSupreme Court of Alabama · 1847
- Branch Bank at Montgomery v. SydnorSupreme Court of Alabama · 1845
- Rogers v. DibbleNew York Court of Chancery · 1831
3Cited by3 opinions
- Harris v. Plant & Co.Supreme Court of Alabama · 1858
- Poe v. DorrahSupreme Court of Alabama · 1852
- McGrew v. GovernorSupreme Court of Alabama · 1851