Georgia Home Insurance v. Boykin
Supreme Court of Alabama
Appeal from the City Court of Montgomery. Tried before the Hon. A. .1). Sayiie. This was an action brought by the appellant, the Georgia Home Insurance Company, against the appellee, F. M. Boykin. The complaint contain four counts.
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Appeal from the City Court of Montgomery. Tried before the Hon. A. .1). Sayiie. This was an action brought by the appellant, the Georgia Home Insurance Company, against the appellee, F. M. Boykin. The complaint contain four counts. The substance of the counts is, that during and prior to March, 1896, plaintiff, a corporation, ivas engaged in the business of fire insurance at Montgomery, Ala., and had a good business, the agent of plaintiff being Stuart Bros., composed of George and M. W. Stuart, who derived a huge income from said business; that on the 13th March, 1896, Stuart Bros, were…
1Opinion of the CourtSharpe, J.
In determining the sufficiency of the pleas it is important, to notice that the complaint is double. Each count of it avers the making of a contract between the defendant and George Stuart, whereby the former, in part consideration of his purchase of the latter’s interest in the firm of Stuart Brothers, undertook to pay the. debts of that firm including the debt *366owing to plaintiff. Each count also avers the making, of a promise in writing directly to the plaintiff by defendant and M. W. Stuart, members of the newly formed firm of E. M. Boykin & Co., to pay1 that debt. These undertakings are…
2Cases cited4 opinions
- Carver v. EadsSupreme Court of Alabama · 1880
- United States Express Co. v. LucasIndiana Supreme Court · 1871
- Bolling v. MunchusSupreme Court of Alabama · 1880
- Thompson v. HallSupreme Court of Alabama · 1849
3Cited by14 opinions
- McCormick v. BadhamSupreme Court of Alabama · 1919
- Fite v. PearsonSupreme Court of Alabama · 1926
- Emerson-Brantingham Implement Co. v. ArringtonSupreme Court of Alabama · 1927
- Globe Rutgers Fire Ins. Co. v. Eureka Sawmill Co.Supreme Court of Alabama · 1933
- John F. Clark & Co. v. NelsonSupreme Court of Alabama · 1927
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