Report of Cases Argued and Determined in the Supreme Court of Alabama (79)

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1880 edition. Excerpt: ...years elapsed, the death of the depositary intervening more than two years, before suit was brought M15 eleven years elapsed after the deposit before demand was made for its return, the delay, in the absence of all explanation, was unreasonable. Ar_1nAL from DeKa.lb Circuit Court. Tried before Hon. LOUIS Wmrn. The appellant, William H. Wright, brought this action, P11 the 17th day of November, 1874, against the appellee, B91119 min F. Paine, as the administrator de bonis non of the estate of William O. Vinst0n, deceased, and sought to recover on the following receipts, to-wit: Deposited with me, for safe keeping, by William _HWright, eight hundred and five dollars ($805) in gflldi whlch I am to return whenever called for, this 4th day of November, 1857. _ (Signed) WM. O. 'WINSTON-1' Upon this receipt was the following endorsementsl Presented for settlement, April 20th, 1872. The second receipt is as follows: Von. Lxn. Received, January 25, 1858, of Wm. H. Wright, forty dol lars in gold, on deposit, to be paid him on demand ($40). (Signed) W. 0. WINSTON, per J. N. W1NsToN. This receipt was also presented to the administrator on the 20th of April, 1872. The original complaint contained no averment of demand, but simply charged that the money due on receipts was still unpaid. An amendment, averrin a demand on Winston in his lifetime, was subsequently ma e. The case was tried on pleas of the statute of limitations, non-assumpsit, payment and set oil'. One Hamman, a witness for plaintifl', testified that in February, 1869, at the residence of the plaintiff, he heard plaintifi demand of W. O. Winston the money claimed on the receipts. and that said Winston then and there promised to pay or...