Illinois Central R. R. v. Kilgore & Son
Alabama Court of Appeals
Damages for Delay in Delivery of Goods. Appeal from Walker Circuit Court. Heard before Hon. J. J. Curtis. Action by J. R. Kilgore & Son against tbe Illinois Central Railroad Company, for damages for failure to deliver and for delay in delivering certain live ¡stock. Judgment for plaintiff, and defendant appeals. The complaint and the pleas sufficiently appear from the opinion of the court.
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Damages for Delay in Delivery of Goods. Appeal from Walker Circuit Court. Heard before Hon. J. J. Curtis. Action by J. R. Kilgore & Son against tbe Illinois Central Railroad Company, for damages for failure to deliver and for delay in delivering certain live ¡stock. Judgment for plaintiff, and defendant appeals. The complaint and the pleas sufficiently appear from the opinion of the court. The demurrers interposed to the pleas 3, 4, 5, and 6 separately and severally, are as follows: (1) The contract, requiring notice to defendant of plaintiff’s claim, is void. (2) It is contrary to law. (3)…
1Opinion of the CourtThomas, J.
At common law a partnership or firm is not regarded as a legal entity apart from its members; and, as it is a general rule that actions can only be brought by and against persons, natural or artificial —a partnership being neither — it has been almost universally held that all actions and suits involving partnership claims or liabilities must be brought by or against the persons individually who compose the firm. —15 Ency. PI. & Pr. 839. This rule, however, has received some modification in this jurisdiction. As to suits against partners, it is here provided by statute that such suits may be…
2Cases cited17 opinions
- Southern Express Co. v. OwensSupreme Court of Alabama · 1906
- Southern Railway Co. v. JonesSupreme Court of Alabama · 1902
- Mouton v. Louisville & Nashville RailroadSupreme Court of Alabama · 1900
- Louisville & Nashville R. R. v. SherrodSupreme Court of Alabama · 1887
- Kilgore & Son v. Shannon & Co.Alabama Court of Appeals · 1912
12 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Fredenburgh v. Allied Van Lines, Inc.New Mexico Supreme Court · 1968
- Southern Ry. Co. v. HarrisSupreme Court of Alabama · 1918
- Davis v. DawkinsSupreme Court of Alabama · 1922
- Davis v. ZimmernSupreme Court of Alabama · 1924
- Ex parte J. R. Kilgore & SonSupreme Court of Alabama · 1915
1 more not listed; retrieve them via the Exa API.