Chapman v. Barnes
Supreme Court of Alabama
Action on Common Money Counts. Appeal from the Circuit Court of Marengo. Tried before the Hon. Wm. E. Clarice. This action was brought by B. Chapman as the administrator of the estate of Andrew J. (or Andrew A.) Amason, deceased, against A. G. Barnes, who was a nephew of said Amason; and was commenced on the 5th October, 1888. The original complaint contained only the common money counts, and an amended complaint was filed which contained more specific averments, claiming…
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Action on Common Money Counts. Appeal from the Circuit Court of Marengo. Tried before the Hon. Wm. E. Clarice. This action was brought by B. Chapman as the administrator of the estate of Andrew J. (or Andrew A.) Amason, deceased, against A. G. Barnes, who was a nephew of said Amason; and was commenced on the 5th October, 1888. The original complaint contained only the common money counts, and an amended complaint was filed which contained more specific averments, claiming $1,600, with interest, as the balance due from the defendant to said Amason at the time of his death, which occurred in…
1Opinion of the CourtMoCLELLAN, J.
— It is uncontroverted in this case, that the defendant converted sixteen hundred dollars left in his hands by plaintiff’s intestate, to his own use, within one year after receiving it in 1871 ; and it is admitted that of the gross sum left with 'him he had repaid to plaintiff’s intestate all except the amount thus converted. As to'the claim now represented by plaintiff to that money, the statute of limitations began to run from that time, and the bar of the statute was complete before the payments proved to have been made in 1882. Those payments could not, therefore, perform any office by…
2Cases cited6 opinions
- Scott v. WareSupreme Court of Alabama · 1879
- Wright v. PaineSupreme Court of Alabama · 1878
- Minniece v. JeterSupreme Court of Alabama · 1880
- Harwood v. HarperSupreme Court of Alabama · 1875
- Grimball v. MastinSupreme Court of Alabama · 1884
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Whitfield v. HatchSupreme Court of Alabama · 1937
- Liberman v. GurenskyWashington Supreme Court · 1902
- May v. MathersSupreme Court of Alabama · 1937
- In re TempletonUnited States Bankruptcy Court, N.D. Alabama · 2015
- Feggins v. LVNV Funding LLC (In re Feggins)United States Bankruptcy Court, M.D. Alabama · 2015
6 more not listed; retrieve them via the Exa API.