Allen v. Alston
Supreme Court of Alabama
Appeal from Colbert Circuit Court. Heard before Hon. D. W. Speaks. Action by J. Y. Allen against R. O. Alston as executor of Thompldns, deceased, for money alleged to have been collected by Thompldns for the Scovill-Irwin Const. Co. and assigned to Allen. The original complaint was brought in the name of the Scovel-Irwin Const.
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Appeal from Colbert Circuit Court. Heard before Hon. D. W. Speaks. Action by J. Y. Allen against R. O. Alston as executor of Thompldns, deceased, for money alleged to have been collected by Thompldns for the Scovill-Irwin Const. Co. and assigned to Allen. The original complaint was brought in the name of the Scovel-Irwin Const. Co., for the use of J. V. Allen and counted on the collection by defendant’s testator of a certain sum of money as an attorney for the construction company and shows an assignment of said claim of the Scovell-Irwin Const. Co. to J. V. Allen before the bringing of this…
1Opinion of the CourtAnderson, J.
This suit was brought in-the name of Scovel-Irwin Construction Company for the use of J. V. Allen.
The facts set out in the complaint show an implied contract on the part of Tompkins to pay over the money collected by him and bring the case within the influence of section 28 of the code of 1896, and the suit should have been brought in the name of the party really interested. There was no error in sustaining the demurrer to the complaint.
As the action of the trial court upon the motion to strike certain pleas and parts thereof is not presented for review by the bill of exceptions, we cannot…
2Cases cited3 opinions
- Goodyear Rubber Co. v. George D. Scott Co.Supreme Court of Alabama · 1892
- Mouton v. Louisville & Nashville RailroadSupreme Court of Alabama · 1900
- Dothan Guano Co. v. WardSupreme Court of Alabama · 1902
3Cited by7 opinions
- Amerson v. Corona Coal & Iron Co.Supreme Court of Alabama · 1915
- United Bonding Insurance Co. v. WS Newell, Inc.Supreme Court of Alabama · 1969
- Gotzian & Co. v. NorrisMontana Supreme Court · 1931
- H. G. Hill Co. v. TaylorSupreme Court of Alabama · 1936
- Peters v. NolenAlabama Court of Appeals · 1914
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