Daniel v. Bradford
Supreme Court of Alabama
Appeal from Madison Circuit Court. Tried before Hon. H. C. Speake. Action for money loaned and for money had and received. The evidence showed that W. J. Daniel was plaintiff’s agent from 1894 up to the time of his death, which occurred before the institution of the suit.
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Appeal from Madison Circuit Court. Tried before Hon. H. C. Speake. Action for money loaned and for money had and received. The evidence showed that W. J. Daniel was plaintiff’s agent from 1894 up to the time of his death, which occurred before the institution of the suit. The evidence of defendant objected to, referred to in the opinion, was as follows: “Will Daniel said to me that he wanted to borrow three hundred dollars, and that he had asked his sister Bessie to lend him the money, and that she had agreed to do so, but on account of a request made by her husband in his life time, not to…
1Opinion of the CourtDowdell, J.
— The appellant, Mrs. Bessie L. Daniel, brought suit to recover of H. S. Bradford, the sum of $300, and from a verdict and judgment in favor of the defendant Brandford this appeal is taken. The complaint contained two counts, one claiming the sum named as a loan made to the defendant on October 5, 1897, and the other claiming said sum as money had and received by defendant to the use of plaintiff on said date.
The court erred in overruling plaintiff’s objection to the question asked defendant, while testifying in his own behalf, as to what Will Daniel said to him when he brought him the check…
2Cases cited1 opinion
- Mobile Savings Bank v. McDonnellSupreme Court of Alabama · 1888
3Cited by13 opinions
- Randle v. Birmingham Railway, Light & Power Co.Supreme Court of Alabama · 1910
- Corley v. VizardSupreme Court of Alabama · 1919
- Birmingham Railway, Light & Power Co. v. MurphyAlabama Court of Appeals · 1911
- Bank of Cottonwood v. HoodSupreme Court of Alabama · 1933
- Murphy v. StateAlabama Court of Appeals · 1916
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