Hooper v. Herring
Alabama Court of Appeals
Appeal from Marshall Circuit Court. Heard before Hon. W. W. Haralson. Assumpsit by R. E. Herring against J. F. Hooper. Judgment for plaintiff, and defendant appeals. The causes of action stated are separate and distinct and should not be joined. — 5 Cyc., and note; Sec. 5329, Code 1907. The complaint was demurrable for uncertainty, and the court was in error in overruling demurrers.
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Appeal from Marshall Circuit Court. Heard before Hon. W. W. Haralson. Assumpsit by R. E. Herring against J. F. Hooper. Judgment for plaintiff, and defendant appeals. The causes of action stated are separate and distinct and should not be joined. — 5 Cyc., and note; Sec. 5329, Code 1907. The complaint was demurrable for uncertainty, and the court was in error in overruling demurrers. There was a variance and the affirmative charge should have been given as to counts 1 and 2. The court erred in sustaining demurrers to the plea of payment as it was in form 35, sec. 5383. The court was in error…
1Opinion of the Court
WALKER, P. J. —
The complaint contained four counts, each of which asserted a breach of a duty imposed upon the defendant by a general deposit made by the plaintiff with him as a banker. Counts 1 and 2 were in assumpsit for the recovery of the amount on deposit; each alleging the defendant’s failure and refusal on demand to pay the same. Counts 3 and 4 were in *295tort for the recovery of damages claimed for the defendant’s alleged wrongful failure and refusal to pay the plaintiff’s check as a depositor. The several counts may he regarded as based upon alleged breaches of duty “arising out of the…
2Cases cited7 opinions
- Tobias v. Josiah Morris & Co.Supreme Court of Alabama · 1899
- Western Ry. v. HartSupreme Court of Alabama · 1909
- First National Bank v. HallSupreme Court of Alabama · 1898
- Richardson v. MertinsSupreme Court of Alabama · 1912
- Burns v. ReevesSupreme Court of Alabama · 1899
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- MacRum v. Security Trust & Savings Co.Supreme Court of Alabama · 1930
- Hooper v. HerringAlabama Court of Appeals · 1915
- Maddox v. City of BirminghamAlabama Court of Appeals · 1950