McCarley v. White
Supreme Court of Alabama
Appeal from Birmingham City Court. Heard before Hon. C. C. Nesmith. Action by Andrew J. McCarley' for summary judgment against H. K. White, attorney, for failure to pay over money collected. Judgment for defendant, and petitioner appeals.
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Appeal from Birmingham City Court. Heard before Hon. C. C. Nesmith. Action by Andrew J. McCarley' for summary judgment against H. K. White, attorney, for failure to pay over money collected. Judgment for defendant, and petitioner appeals. One who had received money as the agent of, or on the claim of, or in the right of another, is estopped from denying the title of his principal. — Hungerford v. Moore, 65 Ala. 232; Oollins v. Tillan, 26 Conn. 368; Witman v. Felton, 28 Mo. 601; Murray v. Vanderbilt, 39 Ba.rb. (N. Y.) 140; Roberts v. Bnlton, 14 Yt. 195; Day v. South-well, 3 Wis. 657. The…
1Opinion of the CourtHenson, J.
This is a motion against an attorney at law for a summary judgment under section 3810 of the Code of 1896, for failure on demand made to pay over money collected by him. The motion alleges that the defendant “failed to pay over such money collected by him, on demand made by movant, Andrew J. McCarley, the person entitled thereto.” The cause was tried by the court without the intervention of a jury, and the court was requested by the parties to make a special finding of the facts. In accordance with the request, the court made the special finding, and it was entered in the minutes as a part of…
2Cases cited2 opinions
- Quillman v. GurleySupreme Court of Alabama · 1888
- Brock v. Louisville & Nashville RailroadSupreme Court of Alabama · 1896
3Cited by3 opinions
- Bryant v. Central Foundry Co.Supreme Court of Alabama · 1928
- Harris v. BarberSupreme Court of Alabama · 1939
- Harris v. BarberSupreme Court of Alabama · 1939