Legal Opinion

Newman v. Morgan

Supreme Court of Alabama

Decided April 24, 1919No. 6 Div. 838PublishedCited by 5 opinions

Appeal from Circuit Court, Jefferson County; John C. Pugh, Judge. Action by E. P. Newman against W. Barnes Morgan. Prom judgment for defendant, plaintiff appeals.

1Opinion of the CourtAnderson, C. J.

[1] There was a conflict in the evidence as to whether or not the plaintiff authorized or accepted the settlement made by the defendant, Morgan, with the railroad company for $1,250. This conflict, however, was rendered of no importance, as the plaintiff, by his suit and the counts upon which the case was tried, sought to recover the proceeds of said settlement from Morgan, thus, in fact, ratifying the ,same.

[2] The only other contested issue in the case was whether or not the defendant was entitled to withhold any part of the proceeds by way of compensation to him for procuring the…

2Cases cited2 opinions

  1. Cobb v. MaloneSupreme Court of Alabama · 1890
  2. McCormick v. BadhamSupreme Court of Alabama · 1918

3Cited by5 opinions

  1. Mobile Towing & Wrecking Co. v. HartwellSupreme Court of Alabama · 1922
  2. Coffman v. FoldsSupreme Court of Alabama · 1927
  3. Spivy-Johnson Portrait Co. v. Belt Automobile Indemnity Ass'nSupreme Court of Alabama · 1924
  4. Miles v. GadsdenSupreme Court of South Carolina · 1927
  5. Neely v. LoveSupreme Court of South Carolina · 1928

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