Cowles v. Garrett's Adm'rs
Supreme Court of Alabama
Appeal from tlie Circuit Court of Chambers. Tried before the Hon. Jnto. Gill SiioRtek. This action was founded on a bond, of which the following is a copy : “State of A1 ' esents witness, that day had a partial Tallapoosa settlement with Thomas M. Cowles, on my claim in the share of John H. Broadnax in the company of Ware, Dougherty & Co., and that the said Thomas M. Cowles has turned over to me land to the amount of $4,420, which I acknowledge this day to have received.
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Appeal from tlie Circuit Court of Chambers. Tried before the Hon. Jnto. Gill SiioRtek. This action was founded on a bond, of which the following is a copy : “State of A1 ' esents witness, that day had a partial Tallapoosa settlement with Thomas M. Cowles, on my claim in the share of John H. Broadnax in the company of Ware, Dougherty & Co., and that the said Thomas M. Cowles has turned over to me land to the amount of $4,420, which I acknowledge this day to have received. Now I consent and agree to bind myself, my heirs, executors, and administrators, to refund to the said Thomas M. Cowles the…
1Opinion of the CourtStone, J.
The contract declared on in this case is a refunding bond. It recites that defendant had received of plaintiff ¡$4,420, “0n my” (his) “claim in the share of John II. Broadnax in the company of "Ware, Dougherty & Co.;” and said defendant, by said bond, bound himself to refund said amount, with interest, if his claim “on the share of the said John II. Broadnax shall be or is unfounded;” and also “to refund, with interest, any amount that may be overpaid” in the partial settlement that day made.
The contract no where informs us of the nature or purpose of the company of Ware, Dougherty Co., or…
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