Tobias v. Josiah Morris & Co.
Supreme Court of Alabama
Appear from Circuit Court of Montgomery. Heard before tlie Hon. J. C. Biohardson. This action was brought by the appellant,» Mrs. Birdy Tobias, against the appellees, Josiah Morris & Co., for the recovery of certain moneys deposited by the plaintiff at various times to her credit, with the banking house of the defendants. The complaint contained nine counts.
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Appear from Circuit Court of Montgomery. Heard before tlie Hon. J. C. Biohardson. This action was brought by the appellant,» Mrs. Birdy Tobias, against the appellees, Josiah Morris & Co., for the recovery of certain moneys deposited by the plaintiff at various times to her credit, with the banking house of the defendants. The complaint contained nine counts. The first count sought to recover $800 as money had and received by the defendant on Sept. 16,1895. The second count was for $300 for money had and received on or about the 8th day of November, 1895. The third count was for $300 for money…
1Opinion of the CourtTyson, J.
Quite a number of assignments of error are predicated upon the rulings of the court upon demurrers to pleas and replications. These assignments cannot be considered for the reason there is no judgment to support them.—Cartlidge v. Sloan, 124 Ala. 596.
The complaint contains a number of counts. All of them, except the last, are the common money counts. The last count claims, “the sum of nineteen hundred and fifty-three and thirty one-hundredths dollars for money and certain checks or bank drafts, which were collected by defendants, deposited with Josiah Morris & Co., defendant’s bank to be…
2Cases cited4 opinions
- Payne v. . GardinerNew York Court of Appeals · 1864
- Cartlidge v. SloanSupreme Court of Alabama · 1899
- Branch v. DawsonSupreme Court of Minnesota · 1885
- Chemical Nat. Bank v. BaileyU.S. Circuit Court for the District of Southern New York · 1875
3Cited by31 opinions
- Church of Christ v. McDonaldTennessee Supreme Court · 1943
- Eltinge v. SantosCalifornia Supreme Court · 1915
- First Nat. Bank v. WilliamsSupreme Court of Alabama · 1921
- Alcaide v. MoralesSupreme Court of Puerto Rico · 1920
- Michie v. BradshawSupreme Court of Alabama · 1933
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