Hammett v. Brown
Supreme Court of Alabama
Appeal from the Circuit Court of Blount. Tried before the Hon. Louis Wveth. cited 8ally v. Capps, 1 Ala. 122; Farrow v. Biggs, 30 Ala. 261; Steiuart & Pratt v. Frazier, 5 Ala. 114; Jarrell v. Lillie, 40 Ala. 271; Lehman, Durr & Co. v. Warren & Burch, 53 Ala. 535; 1 Brickell’s Digest, 872, § 965.
1Opinion of the CourtBrickell, C. J.
The action was commenced by the appellee, and the complaint contains only the common counts in assumpsit. The pleas were the general issue, payment, and set-off. The bill of expeptions contains all the evidence ; and it is apparent that the controversy, in the court below, was narrowed to the single inquiry, whether the defendant had, as the agent of the plaintiff, collected a claim of which the plaintiff was the beneficial owner, and which he had left with the defendant for collection, against the Louisville & Nashville Bailroad Company. The Circuit Court charged, that if the defendant had…
2Cases cited1 opinion
- Stewart v. FrazierSupreme Court of Alabama · 1843
3Cited by2 opinions
- Beck v. StateSupreme Court of Alabama · 1885
- Martin v. HendersonAlabama Court of Appeals · 1915