Hamil v. Flowers
Supreme Court of Alabama
Appeal from Montgomery Circuit Court. Heard before Hon. W. W. Pearson. Assumpsit by H. F. Hamil, as amdinistrator of J. M. Bivings, against E. P. Flowers and Brooks Flowers, individually and as trustees and executors of John J. Flowers, deceased. Judgment for defendants, and plaintiff appeals. The agreement is set out in full, as are most of the facts necessary to a proper understanding of the opinion.
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Appeal from Montgomery Circuit Court. Heard before Hon. W. W. Pearson. Assumpsit by H. F. Hamil, as amdinistrator of J. M. Bivings, against E. P. Flowers and Brooks Flowers, individually and as trustees and executors of John J. Flowers, deceased. Judgment for defendants, and plaintiff appeals. The agreement is set out in full, as are most of the facts necessary to a proper understanding of the opinion. Plea 2 is as follows: “Plaintiff ought not to have and recover for that plaintiff’s claim — the alleged demand ■or claim sued for — arose upon and out of, and not otherwise than, an agreement…
1Opinion of the Court
de GRAFFENRIED, J.
— We gather from the pleadings in this case that while the Flowers Lumber Company was in process of organization it was understood that John J. Flowers, who is now dead, would be a large owner of the capital stock, and that he would therefore have a large influence in the management of the affairs of the corporation. We also gather from the pleadings that after the corporation was organized and when its capital stock was actually issued, a large interest in the stock was issued to John J. Flowers, and that said John J. Flowers had much to do with the management, of the…
2Cases cited4 opinions
- Insurance Co. v. WilkinsonSupreme Court of the United States · 1872
- Roberts v. BeattySupreme Court of Pennsylvania · 1830
- Robinson v. HirschfelderSupreme Court of Alabama · 1877
- Smith v. CoolidgeSupreme Court of Vermont · 1896
3Cited by1 opinion
- Davis v. DouglassAlabama Court of Appeals · 1915