Lucas v. Stonewall Insurance
Supreme Court of Alabama
Appeal from the Circuit Court of Clarke. Tried before the I-Ion. Johx C. Axmiiíson. This action was brought by the appellee, the Stonewall Insurance Company against the appellant, Ii. D. Lucas. The defendant pleaded the general issue and two sju;-cial pleas. By the third plea the defendant sought to set off or recoup the damages alleged to have been sustained by him by reason of the plaintiff failing to furnish him with advances, for which the bond sued upon was given.
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Appeal from the Circuit Court of Clarke. Tried before the I-Ion. Johx C. Axmiiíson. This action was brought by the appellee, the Stonewall Insurance Company against the appellant, Ii. D. Lucas. The defendant pleaded the general issue and two sju;-cial pleas. By the third plea the defendant sought to set off or recoup the damages alleged to have been sustained by him by reason of the plaintiff failing to furnish him with advances, for which the bond sued upon was given. To this special plea the plaintiff filed the following replication: “The plaintiff for answer to pléa No. 3, filed on April…
1Opinion of the Court
TYSON, J. —
The complaint as originally filed counted on a promissory note. It was subsequently amended by adding an additional count, declaring on a bond. The instrument relied upon for recovery was under seal, and the recovery had was necessarily upon the added count. To this count the defendant filed three pleas. The one numbered 3 was a special plea of set off or recoupment. To this plea, the plaintiff replied specially by way of confession and avoidance, and not otherwise. Issue was taken upon this replication; neither the sufficiency of plea 3 or-the replication was questioned.
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2Cases cited1 opinion
- Lee v. DeBardeleben Coal & Iron Co.Supreme Court of Alabama · 1893
3Cited by6 opinions
- Ray v. Fidelity-Phoenix Fire Ins.Supreme Court of Alabama · 1914
- Miller v. JohnsonSupreme Court of Alabama · 1914
- Hines v. McMillanAlabama Court of Appeals · 1919
- Park v. WhitfieldSupreme Court of Alabama · 1923
- United States Cast Iron Pipe & Foundry Co. v. WilliamsSupreme Court of Alabama · 1925
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