G. Ober & Sons Co. v. Phillips-Burt-toff Mfg. Co.
Supreme Court of Alabama
Appeal from Marshall Circuit Court. Heard before Hon. A. H. Alston. Appellant sued the individuals composing the firm of Barron & Russell, and garnisheed the Continental Fire Insurance Co., who answered indebted and paid the money into court,. suggesting at the same time that Phillips-Burttorf! Mfg. Co. claimed the money. On notice to them the Phillips Company came in and propounded their claim. The issue was found in favor of the claimants.
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Appeal from Marshall Circuit Court. Heard before Hon. A. H. Alston. Appellant sued the individuals composing the firm of Barron & Russell, and garnisheed the Continental Fire Insurance Co., who answered indebted and paid the money into court,. suggesting at the same time that Phillips-Burttorf! Mfg. Co. claimed the money. On notice to them the Phillips Company came in and propounded their claim. The issue was found in favor of the claimants. No demurrer being filed to test any of the issues tendered by the plaintiff, if there was any evidence tending to support them the giving of the…
1Opinion of the CourtAnderson, J.
This issue was made up under sections 2199 and 2200 of the Code of 1896, between the plaintiff in garnishment and the claimant of the fund, as suggested by the garnishee. The fact and bona fides of the transfer are alone in issue. — Rowland v. Plummer, 50 Ala. 182 ; McMullen v. Lockard, 64 Ala. 56.
It seems that the assignment of the policy was made after the loss by fire, and by the following endorsement : “The interest of Barron & Russell, as owners of property covered by this policy, is hereby assigned to PhillipsButtorff Mfg. Oo., subject to the consent of the Continental Insurance…
2Cases cited8 opinions
- Gordon, Rankin & Co. v. TweedySupreme Court of Alabama · 1881
- Mobile Savings Bank v. McDonnellSupreme Court of Alabama · 1889
- Rowland & Co. v. PlummerSupreme Court of Alabama · 1874
- Pollock v. MeyerSupreme Court of Alabama · 1892
- Moore, Marsh & Co. v. Penn & Co.Supreme Court of Alabama · 1891
3 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
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- Baker v. Union Assurance Society of London, Ltd.Montana Supreme Court · 1928
- Waddle v. Great Southern Phos. Co.Supreme Court of Alabama · 1913
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