Sally's Administrators v. Capps
Supreme Court of Alabama
THE defendant in error declared against the plaintiffs in the County Court of Lowndes, for money had and received, &c. by their intestate in his lifetime. The case was submitted to the jury on the pleas of non assumpsit, set-off and payment.
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THE defendant in error declared against the plaintiffs in the County Court of Lowndes, for money had and received, &c. by their intestate in his lifetime. The case was submitted to the jury on the pleas of non assumpsit, set-off and payment. On the trial the presiding judge sealed a bill of exceptions, from which it appears that evidence was introduced, tending to show that the intestate of the plaintiffs in error, received a note* made by a third person, for collection, on account of the defendant. This note was for about one thousand dollars, and was collected by the intestate as the agent…
1Opinion of the CourtCollier, C. J.
— It has been often ruled that an agent who collects money in the course of some lawful employment, is not liable to'á suit until payment has been requested by his principal, ‘or some one authorized to make a demand: (Barton v. Peck; 1 Stewt. & Porter’s Rep. 486: McBroom et al. v. The Governor; 6 Porter 32; and the cases there cited.) The facts disclosed in the bill of exceptions show that the intestate collected money for the defendant in error, as a mere agent. There is no ■proof that’he was to account at any period prescribed; so that for any thing appearing, he was only bound to pay on…
2Cases cited1 opinion
- M'Broom v. GovernorSupreme Court of Alabama · 1837
3Cited by7 opinions
- Bertolla v. KaiserSupreme Court of Alabama · 1958
- McDonnell v. Branch Bank at MontgomerySupreme Court of Alabama · 1852
- Gunn v. HowellSupreme Court of Alabama · 1859
- Byars v. JamesSupreme Court of Alabama · 1922
- Tumlin v. TumlinSupreme Court of Alabama · 1915
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