Wolffe v. Minnis
Supreme Court of Alabama
Appeal'from the City Court of Montgomery. Tried before the Hon. Thos. M. Arrington. This action was brought by, John A. Minnis against Frederick Wolffe, to recover an alleged balance due on account of moneys deposited by plaintiff with the banking-house of Wolffe, Hertz & Co., of which the defendant was a partner. The complaint contained only the common money counts.
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Appeal'from the City Court of Montgomery. Tried before the Hon. Thos. M. Arrington. This action was brought by, John A. Minnis against Frederick Wolffe, to recover an alleged balance due on account of moneys deposited by plaintiff with the banking-house of Wolffe, Hertz & Co., of which the defendant was a partner. The complaint contained only the common money counts. The defendant pleaded, “ in short by consent,” the general issue, and a special plea averring that, on an accounting between plaintiff and defendant, a small balance was ascertained to be due to plaintiff, and was afterwards paid…
1Opinion of the CourtStone, J.
— The remarks made by counsel in this cause, and objected to. were not only not supported by any evidence, but they were impertinent to the issue the jury were sworn to try. Any offer to make proof of the matters stated, would have been ruled out as illegal. “ Large-hearted, great-souled, confiding, trusting,” when used as attributes of character, are facts; and are provable as other traits of character are, when they become a material subject of inquiry, if they ever can become so. They were not material in - this case. If pertinent facts had been in evidence, tending to show the plaintiff…
2Cases cited2 opinions
- Cross v. StateSupreme Court of Alabama · 1881
- Sullivan v. StateSupreme Court of Alabama · 1880
3Cited by54 opinions
- Anderson v. StateSupreme Court of Alabama · 1922
- Birmingham Baptist Hospital, Inc. v. BlackwellSupreme Court of Alabama · 1930
- McLaney v. TurnerSupreme Court of Alabama · 1958
- Moulton v. StateSupreme Court of Alabama · 1917
- Louisville & Nashville Railroad v. OrrSupreme Court of Alabama · 1890
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