Abney v. Pickett
Supreme Court of Alabama
Error to tbe Circuit Court of Sumter. Tried before the Hon. Turner Reayis. Assumpsit by tbe plaintiff in error, as tbe administratrix de bonis non of Hardy Abney, deceased', against Martin Pickett, tbe defendant in error.
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Error to tbe Circuit Court of Sumter. Tried before the Hon. Turner Reayis. Assumpsit by tbe plaintiff in error, as tbe administratrix de bonis non of Hardy Abney, deceased', against Martin Pickett, tbe defendant in error. Tbe cause of action is thus endorsed on tbe writ: “ This action is founded upon tbe following facts: Hardy Abney, in bis lifetime, held and owned a note made by John M. Stewart, for about $230, payable to Jesse Cage; which note tbe defendant collected, and appropriated to bis own use, since tbe death of said Abney.” Common counts were added. Tbe bill of exceptions shows tbe…
1Opinion of the CourtLigon, J.
— There is no error in the charge of the court. The proof is very clear, that the plaintiff’s testator acquired the possession of the note as the agent of Cage, the payee, and that he claimed no interest in it. When Stewart made the partial payment, which he proves he did make, he testifies that Abney spoke of the note as due to Cage. It was never endorsed to Abney, and it is fair and legitimate to infer, that he only held it as agent for the payee until the time of his death. When he received tlie $82 fW from Stewart, he was overpaid the amount he advanced to Bissell to procure the note from…
2Cases cited2 opinions
- Swink's Adm'r v. SnodgrassSupreme Court of Alabama · 1850
- Hopkins v. ScottSupreme Court of Alabama · 1852
3Cited by5 opinions
- Morris v. HallSupreme Court of Alabama · 1868
- Hall's Heirs v. HallSupreme Court of Alabama · 1872
- Graves's Administrator v. FlowersSupreme Court of Alabama · 1874
- Lawler v. NorrisSupreme Court of Alabama · 1856
- Gardner v. LanfordSupreme Court of Alabama · 1888