32 Ala. 523 | Ala. | 1858
Notwithstanding the defendant received current bank-bills, he is liable in an action for money had and received, if he used them, or treated them as money. — Stewart v. Conner, 9 Ala. 803. The evidence conduces to show that the defendant did treat them as money. It was not competent for the court to assume that there was no testimony, from which the jury might infer that the defendant had used the bank-bills as money. Williams v. Harrison, 19 Ala. 286.
The judgment of the court below is reversed, and the cause is remanded.