Vinegar Bend Lumber Co. v. Chicago Title & Trust Co.
Supreme Court of Alabama
Appeal from the Circuit Court of Washington. Tried before the Hon. A. H. Alston. This was an action of assumpsit brought originally by the Charles Munson Belting Company to recover for an amount alleged to be due upon an account. The complaint contained the common counts. The appeal is prosecuted from a judgment in favor of the appellee.
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Appeal from the Circuit Court of Washington. Tried before the Hon. A. H. Alston. This was an action of assumpsit brought originally by the Charles Munson Belting Company to recover for an amount alleged to be due upon an account. The complaint contained the common counts. The appeal is prosecuted from a judgment in favor of the appellee. The. facts of the case necessary to an understanding of the decision on the present appeal are sufficiently stated in the opinion. cited Backus v. Mickle. 45 Ala. 445; Torrey v. Forbes, 94 Ala. 135; Jones r. Englehart, 78 Ala. 506; 2 Brick. Dig., 369, § 124;…
1Opinion of the CourtHaralson, J.
The suit was commenced hv the Charles Munson Belting Company, a foreign corporation, against Ebenezer Turner, Herbert Turner and Verda E. Turner, partners doing business, under the firm name and style of Vinegar Bend Lumber Company, and the Vinegar Bend Lumber Co., a domestic corporation.
The defendant, Vercla. E. Turner, pleaded coverture, which plea was confessed and her name was stricken out as a defendant. An amendment was allowed, striking' out the Vinegar Bend Lumber Company as a corporation, leaving the suit in the name of the Munson Belting Company, a corporation, against Ebenezer…
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