Paulding v. Lee
Supreme Court of Alabama
Error to tbe Chancery Court of Perry. Tried before the Hon. W. W. Mason. This was a bill filed by William K. Paulding, and it alleges that he is the owner of a receipt given by the defendant Lee, as an attorney at law, to Boss, Strong & Co., for certain demands due to said firm from Goodwin & Ivey, which receipt had been sold at a bankrupt sale by the assignee as a portion of the assets of Boss, Strong & Go.
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Error to tbe Chancery Court of Perry. Tried before the Hon. W. W. Mason. This was a bill filed by William K. Paulding, and it alleges that he is the owner of a receipt given by the defendant Lee, as an attorney at law, to Boss, Strong & Co., for certain demands due to said firm from Goodwin & Ivey, which receipt had been sold at a bankrupt sale by the assignee as a portion of the assets of Boss, Strong & Go. It is averred, that in July, 1834, an agreement was entered into between Jno. M. Boss, Silas Ivey and Lee, by which Boss, Strong & Co. were to leave their said demands against Goodwin &…
1Opinion of the Court
CHILTON,. J.
Nearly thirteen years were allowed to pass between tbe time of giving this receipt by tbe defendant, Lee, and tbe period when be was called upon judicially to account *765for the claims embraced in it, and the collaterals which, it is alleged, were turned oyer to him by Ivey & Goodwin, to 'secure their payment. It is, therefore, by no means surprising, that we should find much conflict in the pleadings, as well as the proof, consequent upon the imperfect hold which the memory usually has upon facts which have transpired so many years since. While, however, this consideration should…
2Cases cited6 opinions
- James v. M'KernonNew York Supreme Court · 1810
- Comegys v. McCordSupreme Court of Alabama · 1847
- Harris v. CollinsSupreme Court of Alabama · 1848
- Standifer v. M'WhorterSupreme Court of Alabama · 1828
- Camack v. BisquaySupreme Court of Alabama · 1850
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3Cited by7 opinions
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