Reports of Cases Argued and Determined in the Supreme Court of Alabama (Volume 36) (Paperback)

Book may have numerous typos, missing text, images, or index. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. 1861. Excerpt: ... ACCOUNT. 1. Bill nf particular*; sufficiency of, and admissibility of evidence under.--In an action on an account for work and labor '), .t'e, plaintiff's bill of particulars (Code, 2233) containin; an item for " work done on granary;" and the evidence showing that the granary had a shed on each side, one of which contained a threshing-machine, "the machinery consisting of a shaft and cog-wheels to move it, which were made fast to the building, like the running-gear of a gin," and which were put up by plain tiffat the same time with the granary, --held, that under t iie liberal rules which govern the construction of bills of particulars, and in the absence of a special showing that the evidence operated a surprise, there was no error in the admission of evidence showing the work performed by plaintiff in putting up said machinery, and the value thereof.--Robinson's .wlm'rs v. Allison ' 2. Presumption as to settlement of accounts on execution of note.--On settlement of accounts between a debtor and his creditor, a note oeing given for the ascertained balance, an order, previously given by the creditor to a third person, if then accepted or paid, is presumed to have entered into the settlement.-- Ala. & Miss. Rivers Railroad Co. v. San ford & Reid ACTION. 1. When action lies for money had and received.--If the defendant has wrongfully sold the plaintiff's property, and received for it money, or something else as money, the plaintitl i v . naive the tort, and maintain assumpsit for the money; t it This prmciple does not apply where the defendant has simph .I'hnnged the property, and has not sold or otherwise disposed of the property obtained in exchange.--Fuller v. Duren ACTION CONTINUED. 2. Same.--if a corporation lends money, without authority under its charter...