Legal Opinion
Security Federal Savings & Loan Ass'n v. Underwood Coal & Supply Co.
Supreme Court of Alabama
Decided December 16, 1943No. 1 Div. 203PublishedCited by 8 opinions
1Opinion of the Court
FOSTER, Justice.
The question on this appeal relates to the claim of appellee, Underwood, as a materialman furnishing building material to a contractor “Better Homes.” He is suing to fix a trust for his benefit on a fund loaned by appellant, Security Federal Savings & Loan Association, to the owner Thompson, with a stipulation to pay it to the contractor in installments at certain designated stages of the work. The amounts were paid to the contractor but he did not pay for this material, and no lien was created by a compliance with the statute.
A case involving a similar situation was here on…
2Cases cited21 opinions
- Prairie State Bank v. United StatesSupreme Court of the United States · 1896
- Henningsen v. United States Fidelity & Guaranty Co. of BaltimoreSupreme Court of the United States · 1908
- Jones Trustee Etc. v. CarpenterSupreme Court of Florida · 1925
- Fidelity Deposit Co. of Baltimore, Md. v. RainerSupreme Court of Alabama · 1929
- Kent v. DeanSupreme Court of Alabama · 1900
16 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- E. C. Ernst, Inc. v. Manhattan Construction Company of Texas, Providence Hospital, Fairbanks-Morse, Inc., Charles H. McCauley Associates, Inc.Court of Appeals for the Fifth Circuit · 1977
- National Surety Corporation v. FisherSupreme Court of Missouri · 1958
- Buettner Bros. v. Good Hope Missionary Baptist ChurchSupreme Court of Alabama · 1944
- Christopher W. Ross, Individually and D/B/A 4r Ornamental Iron Company v. Imperial Construction Company, Inc. And Imperial Group, Ltd.Court of Appeals for the Fifth Circuit · 1978
- Hartford Acc. & Indem. Co., Inc. v. AMERICAN COUNTRY CLUB INC.Supreme Court of Alabama · 1977
3 more not listed; retrieve them via the Exa API.