Elmore, Quillian & Co. v. Henderson-M. Merc. Co.
Supreme Court of Alabama
Appeal from Geneva Circuit Court. Heard before Hon. H. A. Pearce. Assumpsit by Elmore, Quillian & Company against the Henderson-Mizell Mercantile Company. Judgment for defendant and plaintiff appeals. The replication filed to the plea of ultra vires was entirely sufficient as an answer and the proceedings in the bankrupt court allowing plaintiff’s claim was conclusive. — MóDougal v. Rutherford, 30 Ala. 253; Clendenning v. First Rational Bank, 11 Amer. Bk.
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Appeal from Geneva Circuit Court. Heard before Hon. H. A. Pearce. Assumpsit by Elmore, Quillian & Company against the Henderson-Mizell Mercantile Company. Judgment for defendant and plaintiff appeals. The replication filed to the plea of ultra vires was entirely sufficient as an answer and the proceedings in the bankrupt court allowing plaintiff’s claim was conclusive. — MóDougal v. Rutherford, 30 Ala. 253; Clendenning v. First Rational Bank, 11 Amer. Bk. Rep. 245; 110 Fed. 143; 99 Fed. 695; 169 Fed. 672; 77 Ga. 289. The contract was ultra vires the corporation. — Gulf Yellow Pine Co. v.…
1Opinion of the CourtMayfield, J.
Appellee,' a mercantile corporation, contracted to sell to appellants, a partnership engaged in buying and selling cotton, 300 bales of cotton, to be delivered in the future. There is no contention that the contracts were gambling contracts, or those, dealing in futures only, in which delivery Avas not contemplated; in other Avords, it is not contended that these engagements were void as gambling contracts, nor that they were void under section 3349 of the Code of 1907. Appellee failed to perform, and appellants brought this suit to recover damages for the breach of the three, contracts in…
2Cases cited5 opinions
- Cromwell v. County of SacSupreme Court of the United States · 1877
- Burlen v. ShannonMassachusetts Supreme Judicial Court · 1868
- Davis v. BrownSupreme Court of the United States · 1877
- McDougald's Adm'r v. RutherfordSupreme Court of Alabama · 1857
- Roberts v. HeimSupreme Court of Alabama · 1855
3Cited by13 opinions
- Alabama Power Co. v. ThompsonSupreme Court of Alabama · 1947
- De Watteville v. SimsSupreme Court of Oklahoma · 1914
- Martin Music Co. v. RobbCalifornia Court of Appeal · 1931
- United States v. American Surety Co. of New YorkCourt of Appeals for the Second Circuit · 1932
- Crim v. Louisville N. R. R. Co.Supreme Court of Alabama · 1921
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