Phillips v. Sellers
Supreme Court of Alabama
Appeal from the Circut Court of Bullock. Tried before Hon. H. D. Clayton. This suit was brought by the appellee . against the appellant, on the 27th day of March, 1867. The following is a copy of the complaint: “ The plaintiff claims of the defendant $— damages, for the breach of an agreement entered into by him, on the 11th day of October, A. D., 1865, by which he agreed to deliver to N. W. Long, or bearer, seven hundred and twenty-nine pounds of lint cotton, packed in one…
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Appeal from the Circut Court of Bullock. Tried before Hon. H. D. Clayton. This suit was brought by the appellee . against the appellant, on the 27th day of March, 1867. The following is a copy of the complaint: “ The plaintiff claims of the defendant $— damages, for the breach of an agreement entered into by him, on the 11th day of October, A. D., 1865, by which he agreed to deliver to N. W. Long, or bearer, seven hundred and twenty-nine pounds of lint cotton, packed in one or two bales, said agreement, in words and figures as follows, to-wit: October the 11th, 1865. By the 1st day of…
1Opinion of the CourtByrd, J.
Action, assumpsit — plea, general issue. The Code, (§ 1838,) authorizes an assignee, by endorsement of a contract for the performance of any act or duty, to bring. an action thereon, (Henly v. Bush, 33 Ala. 636); but when not endorsed, it requires the action to be brought “ in the name of the person having the legal title.” — § 2523. In this case, the complaint does not aver an endorsement of the contract by the payee to the plaintiff; for we do not think that the averment, “ said agreement being at the time of maturity, and now the property of plaintiff,” is equivalent to an averment, that…
2Cases cited5 opinions
- Harris v. Plant & Co.Supreme Court of Alabama · 1858
- Henley v. BushSupreme Court of Alabama · 1859
- Skinner v. Bedell's Adm'rSupreme Court of Alabama · 1858
- Walker v. Mobile Marine Dock & Mutual InsuranceSupreme Court of Alabama · 1858
- Howard v. ColemanSupreme Court of Alabama · 1860
3Cited by8 opinions
- Nelson v. BoeSupreme Court of Alabama · 1933
- Conference America v. Telecom. Co-OpSupreme Court of Alabama · 2004
- Ragland v. WoodSupreme Court of Alabama · 1881
- Steed v. HinsonSupreme Court of Alabama · 1884
- Sanders v. RogersAlabama Court of Appeals · 1917
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