Sales-Davis Co. v. Henderson-Boyd Lumber Co.
Supreme Court of Alabama
Appeal from Coffee Circuit Court. Heard before Hon. H. A. Pearce. Action by the Sales-Davis Company against the Henderson-Boyd Lumber Company. Demurrer to complaint sustained, and plaintiff appeals.
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Appeal from Coffee Circuit Court. Heard before Hon. H. A. Pearce. Action by the Sales-Davis Company against the Henderson-Boyd Lumber Company. Demurrer to complaint sustained, and plaintiff appeals. Transferred from the Court of Appeals of Alabama under section 6, Act April 18, 1911 (Gen. Acts 1911, p. 449). The complaint is for the proportion due by the defendant on a fire insurance policy issued to plaintiff by the Lumbermen’s Inter-Insurance Association, executed by Wallace Pratt, Jr., as attorney in fact, and containing the usual stipulations and provisions of an ordinary insurance…
1Opinion of the CourtThomas, J.
In this case the defendant demurred to the amended complaint. The demurrers were sustained, and, plaintiff declining to plead further, judgment was rendered for defendant. The questions presented are: (1) Does the complaint show that the power of attorney to Wallace Pratt, Jr., was executed by appellee? (2) Does it appear that the execution of such power was ultra vires? And (3) do the facts alleged show that appellee was liable under policy No. 1278 of the Lumbermen’s Inter-Insurance Association, on which the suit is brought?(1) The complaint recites the formation of the Lumbermen’s…
2Cases cited23 opinions
- Marsh v. Fulton CountySupreme Court of the United States · 1871
- Harris v. RunnelsSupreme Court of the United States · 1851
- Chapman v. County of DouglasSupreme Court of the United States · 1883
- Louisiana v. WoodSupreme Court of the United States · 1880
- Louisiana v. New OrleansSupreme Court of the United States · 1880
18 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Denson v. Alabama Fuel & Iron Co.Supreme Court of Alabama · 1916
- Board of Revenue of Jefferson County v. HewittSupreme Court of Alabama · 1921
- Bowdoin v. Alabama Chemical Co.Supreme Court of Alabama · 1918
- Paterson & Edey Lumber Co. v. Bank of MobileSupreme Court of Alabama · 1919
- Wright v. RobinsonSupreme Court of Alabama · 1985
13 more not listed; retrieve them via the Exa API.