Judges: PER CURIAM. —
Attorneys: Kay, Adams, Ragland Kurz, for Plaintiff in Error;
Kelly Casler, for Defendant in Error.
Filed: Sep. 05, 1930
Latest Update: Mar. 02, 2020
Summary: This is an action in assumpsit, instituted by George A. Manwarren, defendant in error, against S. McL. Estes, upon the common counts for money had and received. Defendant pleads the general issue. The testimony shows that plaintiff paid over to defendant the sum of $5,000.00 sued for. There is conflict in the evidence as to the agreement had between the parties at the time of paying over this money. Testimony of the plaintiff is in substance that as one of a syndicate which was being formed to t
Summary: This is an action in assumpsit, instituted by George A. Manwarren, defendant in error, against S. McL. Estes, upon the common counts for money had and received. Defendant pleads the general issue. The testimony shows that plaintiff paid over to defendant the sum of $5,000.00 sued for. There is conflict in the evidence as to the agreement had between the parties at the time of paying over this money. Testimony of the plaintiff is in substance that as one of a syndicate which was being formed to ta..
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The record in this cause having been considered by the Court, and the foregoing opinion prepared under Chapter 14553, Acts of 1929, adopted by the Court as its opinion, it is considered, ordered and adjudged by the Court that the judgment of the court below should be, and the same is hereby, reversed.
TERRELL, C. J., and WHITFIELD, STRUM and BUFORD, J. J., concur.
