Murphree Ins. Agency v. Pinnington
Supreme Court of Alabama
Appeal from Circuit Court, Madison County; R. C. Brickell, Judge. Assumpsit by the Murphree Insurance Agency against William Pinnington. Judgment for defendant, and plaintiff appealed. Transferred from the Court of Appeals under Acts 1911, p. 449, § 6.
1Opinion of the Court
McCLELLAN, j.
Assumpsit by appellant against appellee; judgment for the.defendant, appellee.
[1] There are three counts in the complaint, viz. the first, on an account; the second, on an account stated; and the third is for a sum “due from the defendant to the plaintiff as premium on a policy of insurance sold by the plaintiff to the defendant” on or about a date named. There was no evidence whatsoever to sustain the third count. The promise to pay the premium was to the insurance company, not to the agent, the plaintiff, who sold the policy. The plaintiff was hence without right to a recovery…
2Cases cited4 opinions
- Gayle's Adm'r v. JohnstonSupreme Court of Alabama · 1882
- Caruthers v. Mardis' adm'rsSupreme Court of Alabama · 1842
- Beard v. HortonSupreme Court of Alabama · 1888
- Wharton v. FranksSupreme Court of Alabama · 1839
3Cited by3 opinions
- Ex Parte AmSouth Mortg. Co., Inc.Supreme Court of Alabama · 1996
- Wragg v. WraggSupreme Court of Iowa · 1929
- Whatley v. Johnson-Rast & Hays, Inc.Alabama Court of Appeals · 1960