Spurgeon & Dozier Co. v. McCall
Supreme Court of Alabama
Appeal from Circuit Court, Jefferson County; John C. Pugh, Judge. Action by J. G. McCall against the Spurgeon & Dozier Company, a partnership, for breach of contract. Judgment for the plaintiff, and the defendant appeals.
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Appeal from Circuit Court, Jefferson County; John C. Pugh, Judge. Action by J. G. McCall against the Spurgeon & Dozier Company, a partnership, for breach of contract. Judgment for the plaintiff, and the defendant appeals. Count B of the complaint is as follows: Plaintiff claims of the defendant the sum of $4,000 as damages for that heretofore, to wit, a short time prior to November 6, 1916, plaintiff had purchased for the Napier-McCall Company, at that time a corporation, and of which plaintiff was a stockholder and an active officer, from Henry E. Allen, San Erancisco, Cal., two cars of…
1Opinion of the Court
ANDERSON* C. J.
[1,2] Count B of the complaint shows upon its face that the plaintiff is suing for a tort or wrong committed against th$ Napier-MeCall Company before its claim' was assigned to him. In other words, it shows that the plaintiff is the assignee of a mere cause of action or chose in action and not of a promissory note, bond, or other contract, express or implied, for the payment of money as would authorize a suit in his own name under section 2489 of the Code of 1907. The count discloses in the plaintiff a mere equitable right which he could enforce only by suing- in the name of…
2Cases cited5 opinions
- Huddleston v. HueySupreme Court of Alabama · 1882
- Hinton v. NelmsSupreme Court of Alabama · 1848
- Hood v. Com. Germania T. & S. Bank of New OrleansAlabama Court of Appeals · 1914
- Foy v. CochranSupreme Court of Alabama · 1889
- Snead v. BellSupreme Court of Alabama · 1904
3Cited by1 opinion
- Paterson & Edey Lumber Co. v. Carolina-Portland Cement Co.Supreme Court of Alabama · 1927