Potts v. First National Bank
Supreme Court of Alabama
Appeal from the City Court of Gadsden. Tried before the Hon. John H. Disque. This was an action brought by the appellee against the appellants; and counted on the common counts. The cause was tried without the intervention of a jury, and upon the introduction of all the evidence, the substance of which is sufficiently stated in the opinion, the court rendered judgment for the plaintiff. The defendants now appeal, and assign this judgment as error.
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Appeal from the City Court of Gadsden. Tried before the Hon. John H. Disque. This was an action brought by the appellee against the appellants; and counted on the common counts. The cause was tried without the intervention of a jury, and upon the introduction of all the evidence, the substance of which is sufficiently stated in the opinion, the court rendered judgment for the plaintiff. The defendants now appeal, and assign this judgment as error. The plaintiff could not recover in this action for money had and received, since a special contract was proven, and the plaintiff failed to declare…
1Opinion of the CourtHead, J.
The parties have argued this case upon briefs, and it is not insisted by appellants that the finding of the lower court on the disputed facts is wrong. We have examined the evidence and are not prepared to say, ourselves, that there is error in that regard. The contention of appellants is that, upon the case made by the appellee's evidence, a recovery can not be had upon the common counts. The facts so shown are that Young & Herring, a partnership, being indebted to the plaintiff in the sum of $231, and to other parties, and being indebted also to appellants in a large sum,- Young, with the…
2Cases cited9 opinions
- Huckabee v. MaySupreme Court of Alabama · 1848
- Dryer v. LewisSupreme Court of Alabama · 1877
- Evans v. CareySupreme Court of Alabama · 1856
- New Orleans, Mobile & Texas R. R. v. Southern & Atlantic Telegraph Co.Supreme Court of Alabama · 1875
- Dimmick v. RegisterSupreme Court of Alabama · 1890
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3Cited by12 opinions
- Christie v. DurdenSupreme Court of Alabama · 1921
- Farmers' Bank & Trust Co. v. Shut & KeihnSupreme Court of Alabama · 1916
- First National Bank v. HenrySupreme Court of Alabama · 1905
- Fite v. PearsonSupreme Court of Alabama · 1926
- Mobile Towing & Wrecking Co. v. HartwellSupreme Court of Alabama · 1922
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