May v. Hewitt, Norton & Co.
Supreme Court of Alabama
Appeal from the Circuit Court of Mobile. Tried before the lion. John E. Moore. The complaint in this case was in these words: “ Hewitt, Norton & Co. ~j The plaintiffs claim of the vs. V defendant the sum of four hunJames T. May.
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Appeal from the Circuit Court of Mobile. Tried before the lion. John E. Moore. The complaint in this case was in these words: “ Hewitt, Norton & Co. ~j The plaintiffs claim of the vs. V defendant the sum of four hunJames T. May. J dred and fifty-one dollars, with interest thereon, for that whereas, heretofore, to-wit, on the 11th November, 1852, said defendant was the owner of a steamboat called the Messenger, and one Frank Bell was the clerk, and B. W. Bell the captain thereof, and also agent of the defendant; and that said B. W. Bell, as such agent, was authorized by said defendant to…
1Opinion of the CourtRice, C. J.
—When it is doubtful from the face of a contract, not under seal, whether it was intended to operate as the personal engagement of the party signing, or to impose an obligation upon some third person as his principal, parol evidence is admissible to show the true character of the transaction; especially, if the right of a bona-fide endorsee is not prejudiced thereby.—Lazarus v. Shearer, 2 Ala. 718; Deshler v. Hodges, 8 Ala. 509; McWhorter v. Lewis, 4 Ala. 198; Mott v. Hicks, 1 Cowen, 513.
That principle is applicable to the contact here sued on, as the same is described in the first count of…
2Cases cited4 opinions
- Lazarus v. ShearerSupreme Court of Alabama · 1841
- Barber v. BraceSupreme Court of Connecticut · 1819
- McWhorter v. LewisSupreme Court of Alabama · 1842
- Wheat v. CroomSupreme Court of Alabama · 1845
3Cited by7 opinions
- Lutz v. Van Heynigen Brokerage Co.Supreme Court of Alabama · 1917
- Briel v. Exchange Nat. BankSupreme Court of Alabama · 1911
- Richmond Locomotive & Machine Works v. MoragneSupreme Court of Alabama · 1898
- Pointer v. Farmers' Fertilizer Co.Supreme Court of Alabama · 1935
- Cotton v. CourtrightSupreme Court of Alabama · 1926
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