Alabama City, G. & A. Ry. Co. v. City of Gadsden
Supreme Court of Alabama
Appeal from Gadsden City Court. Heard before Hon. John H. Disqtie. • Assumpsit by the Alabama City, Gadsden & Attalla Railway Company against the city of Gadsden to recover interest on city warrants. Judgment for defendants and plaintiff appeals. Although the principal sum had been paid, still plaintiff was entitled to recover the interest on the warrant. — -22 Cyc. pp. 1570-72, where the two rales are clearly stated.
Read the full summary
Appeal from Gadsden City Court. Heard before Hon. John H. Disqtie. • Assumpsit by the Alabama City, Gadsden & Attalla Railway Company against the city of Gadsden to recover interest on city warrants. Judgment for defendants and plaintiff appeals. Although the principal sum had been paid, still plaintiff was entitled to recover the interest on the warrant. — -22 Cyc. pp. 1570-72, where the two rales are clearly stated. Under the evidence, however, the principal debt had not been paid. The evidence utterly fails to establish an accord and •satisfaction. — Hodge v. Temv. I. Go., 123 Ala. 572;…
1Opinion of the CourtSayre, J.
Appellant company had been furnish-» ing light to the city of Gadsden under a contract calling for monthly settlements, and appellee had fallen far behind in making payment. Appellant demanding its money, and appellee being unable to pay, negotiation between them resulted in the adoption of a resolution by the board of mayor and aldermen on October 1, 1906, as follows: “Resolved by the mayor and board of aldermen of the city of Gadsden that warrants be issued covering the amounts due, bearing interest at the rate of eight per cent, per annum, and the clerk be instructed to issue said…
2Cases cited9 opinions
- City of Greenville v. Greenville Water Works Co.Supreme Court of Alabama · 1899
- Perryman v. City of GreenvilleSupreme Court of Alabama · 1874
- Crowder v. Red Mountain Mining Co.Supreme Court of Alabama · 1899
- Stickney v. MooreSupreme Court of Alabama · 1895
- Anderson v. City of BirminghamSupreme Court of Alabama · 1912
4 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Board of Revenue v. MerrillSupreme Court of Alabama · 1915
- Thomas v. Liberty Nat. Life Ins. Co.Supreme Court of Alabama · 1979
- Greeson Mfg. Co. v. County Board of EducationSupreme Court of Alabama · 1928
- Brown v. Lowndes CountySupreme Court of Alabama · 1918
- Town of Eutaw v. ColemanSupreme Court of Alabama · 1914
19 more not listed; retrieve them via the Exa API.