Foxworth v. Brown Bros.
Supreme Court of Alabama
Appeal from the Circuit Court of Mobile. Tried before the Hon. William S. Anderson. This action was brought by the appellant, Francis G-. Foxworth, against the appellees, Brown Brothers ; and counted upon the ..common count for money had and received. The facts of the case are sufficiently stated in the opinion. There were several exceptions reserved by the plaintiff to rulings upon the evidence ; but the facts pertaining thereto are sufficiently stated in the opinion also.
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Appeal from the Circuit Court of Mobile. Tried before the Hon. William S. Anderson. This action was brought by the appellant, Francis G-. Foxworth, against the appellees, Brown Brothers ; and counted upon the ..common count for money had and received. The facts of the case are sufficiently stated in the opinion. There were several exceptions reserved by the plaintiff to rulings upon the evidence ; but the facts pertaining thereto are sufficiently stated in the opinion also. Upon the introduction of all the evidence the plaintiff requested the court to give to the jury the following written…
1Opinion of the CourtHaralson, J.
This is an action by the appellant, F. G. Foxworth, against the defendants, Brown Brothers, for money had and received by them for the use of the plaintiff.
1. The cause of action, as developed on the trial, orignated in this wise : The plaintiff rented to one Shamberger for the year 1892, his plantation in Wilcox county, Ala., known and called the McNeil place, for the sum of $500. Shamberger procured advances from the defendants in that year, and gave them a mortgage on his crops to be grown the same year, to secure the advances. He shipped the cotton he raised to defendants, without having…
2Cases cited17 opinions
- Winslow v. StateSupreme Court of Alabama · 1884
- Lomax v. LeGrand & Co.Supreme Court of Alabama · 1877
- Bickley v. Keenan & Co.Supreme Court of Alabama · 1877
- Scaife & Co. v. StovallSupreme Court of Alabama · 1880
- Jones v. HaglerSupreme Court of Alabama · 1891
12 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Georgia Cotton Co. v. LeeSupreme Court of Alabama · 1916
- Mobile, J. &. K. C. R. R. v. HawkinsSupreme Court of Alabama · 1909
- Banning v. LivesleyWashington Supreme Court · 1915
- McFry v. CaseySupreme Court of Alabama · 1924
- Gay & Bruce v. W. B. Smith & SonsSupreme Court of Alabama · 1924
12 more not listed; retrieve them via the Exa API.