Merchants Bank v. Acme Lumber & Mfg. Co.
Supreme Court of Alabama
Appeal from Lauderdale Circuit Court. Heard before Hon. C. P. Almon. Action by the Acme Lumber & Manufacturing Company against the Merchants’ Bank. Prom a judgment for plaintiff, defendant appeals.
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Appeal from Lauderdale Circuit Court. Heard before Hon. C. P. Almon. Action by the Acme Lumber & Manufacturing Company against the Merchants’ Bank. Prom a judgment for plaintiff, defendant appeals. The pleas referred to therein are as follows: (7) “Por further plea defendant says that this suit was instituted to recover the price of certain lumber and other material alleged to have been furnished by the plaintiff to W. R. Ambrose and this defendant to be used in the ■erection of a building in Tuscumbia, Ala., which the said W. R. Ambrose had contracted to build according to certain plans and…
1Opinion of the CourtSimpson, J.
This action was brought by the appellee against tbe appellant, the complaint containing the common counts on account, account stated, and for goods wares and merchandise sold to the defendant. Pleas 7 and 10 [which will be set out by the reporter) allege that tbe suit is instituted to recover for certain lumber furnished to defendant and one Ambrose, but they do not say how, whether as partners, or as principal and surety; but the other averments of the pleas indicate that Ambrose was engaged in constructing a building for defendant under a contract by which Ambrose was to furnish all…
2Cases cited12 opinions
- Gillespie v. . TorranceNew York Court of Appeals · 1862
- Grisham v. BodmanSupreme Court of Alabama · 1895
- Springer v. . DwyerNew York Court of Appeals · 1872
- Young v. Arntze & Bros.Supreme Court of Alabama · 1888
- Waterman v. ClarkIllinois Supreme Court · 1875
7 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Craft v. Standard Acc. Ins. Co.Supreme Court of Alabama · 1929
- ROMAR DEV. v. Gulf View Management Corp.Supreme Court of Alabama · 1994
- Alabama Power Co. v. KendrickSupreme Court of Alabama · 1929
- Brown v. PattersonSupreme Court of Alabama · 1926
- Stull v. Daniel MacH. Co.Supreme Court of Alabama · 1922
6 more not listed; retrieve them via the Exa API.