Hungerford v. Moore
Supreme Court of Alabama
Appeal from the Circuit Court of Perry. Tried before tbe Hon. Geo. H. Craig. This action was brought by Joseph C. Hungerford, Joseph Neal, Abe Bencher, Joseph B. Bush, and Bobert H. Harper, against William D. Moore ; and was commenced on tbe 11th November, 1878. Tbe complaint contained tbe common count for money bad and received, and also a special count, which alleged, in substance, that on tbe 4th November, 1876, Isaac D. Moore, then a citizen of said county, was murdered…
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Appeal from the Circuit Court of Perry. Tried before tbe Hon. Geo. H. Craig. This action was brought by Joseph C. Hungerford, Joseph Neal, Abe Bencher, Joseph B. Bush, and Bobert H. Harper, against William D. Moore ; and was commenced on tbe 11th November, 1878. Tbe complaint contained tbe common count for money bad and received, and also a special count, which alleged, in substance, that on tbe 4th November, 1876, Isaac D. Moore, then a citizen of said county, was murdered by persons unknown; that on tbe 18th November, 1876, while tbe murderers were still unknown and at large, Governor…
1Opinion of the CourtStone, J.
— If it were shown that Moore received the money in controversy as the agent, and on the claim and right of Hungerford and his associates, we would hold him estopped from denying the title of his principals. Receiving the money as theirs, he could not renounce their right to it. But that is not this case. Both plaintiffs and defendant, it seems, claimed the money in their own several rights. The theory of the suit is, that defendant received the money, when, ex aequo et bono, it belonged to the plaintiffs. In such case, the burden is on the plaintiffs, to show they are legally entitled to the…
2Cases cited1 opinion
- Thrash v. BennettSupreme Court of Alabama · 1876
3Cited by6 opinions
- Steiner Bros. v. ClisbySupreme Court of Alabama · 1893
- Bank of Moulton v. RankinAlabama Court of Appeals · 1930
- Turner v. Valley National Farm Loan Assn.Supreme Court of Minnesota · 1930
- Consolidated Cut Stone Co. v. SeidenbachSupreme Court of Oklahoma · 1941
- Sidel v. Elyton Land Co.Supreme Court of Alabama · 1891
1 more not listed; retrieve them via the Exa API.