Brazelton v. Nashville & Chattanooga Railroad
Tennessee Supreme Court
PROM WARREN. Judge Marchbanks refused, upon the motion of the defendant, to render judgment in his favor for the excess, and he appealed.
1Opinion of the CourtMcKinney, J.
This was an action of assumpsit brought by the defendant in error against Brazelton, in the Circuit Court of Eranklin, on the 16-th of November, 1852, to recover the amount of his subscription for stock in the road: and also for money had and received to the use of the plaintiff.
*571The defendant pleaded non-assumpsit, payment, and' set-off.
It appears that Brazelton was employed by the company as a contractor, in the construction of the road, and that he performed a large amount of wort in grading the track of the road. While thus employed, he received various sums of money belonging to the…
2Cases cited1 opinion
- Crabtree v. PembertonCourt of Appeals of Kentucky · 1802