Wagner Grocery Co. v. Dodd-Cooner Mercantile Co.
Supreme Court of Alabama
Appeal from Circuit Court, Walker County; J. J. Curtis, Judge. Assumpsit by the Wagner Grocery Company, a corporation, against the Dodd-Cooner Mercantile Company, a partnership, alleged to be composed of the persons named in the opinion, together with the individuals composing the partnership. Judgment for the defendants and the plaintiff appeals.
Read the full summary
Appeal from Circuit Court, Walker County; J. J. Curtis, Judge. Assumpsit by the Wagner Grocery Company, a corporation, against the Dodd-Cooner Mercantile Company, a partnership, alleged to be composed of the persons named in the opinion, together with the individuals composing the partnership. Judgment for the defendants and the plaintiff appeals. Transferred from Court of Appeals under Acts 1911, p. 449, § 6. The following is plea 9 directed to be set out: “(9) For further special plea to each count of this complaint separately defendants each separately say: That on, to wit, August 2, 1919,…
1Opinion of the CourtMcCLELLAN, J.
[1] Through the common counts, the appellant, Wagner Grocery Company, sued “Dodd-Cooner Mercantile Company, a partnership composed of Yirgil Dodd, B. G. Dodd, O. B. Cooner, and Wiley Weaver, and B. G. Dodd, Virgil Dodd, O. B. Cooner, and Wiley Weaver.” Among other pleas, the defendants interposed plea 9, which is reproduced in the report of the appeal. The court overruled plaintiff’s demurrer to this plea, and the only assignment of error in fact insisted upon in brief is referable to that ruling. In a phase, at least, this plea set up the discharge in bankruptcy of “D. B. Dodd,…
2Cases cited4 opinions
- Francis v. McNealSupreme Court of the United States · 1913
- Vaccaro v. Security BankCourt of Appeals for the Sixth Circuit · 1900
- In re BertenshawCourt of Appeals for the Eighth Circuit · 1907
- Lacey v. CowanSupreme Court of Alabama · 1909