Legal Opinion

City of Albertville v. Universal Electric Const. Co.

Supreme Court of Alabama

Decided June 16, 1941No. 8 Div. 85PublishedCited by 4 opinions

1Opinion of the Court

BROWN, Justice.

The contract evidencing the indebtedness for the construction of the distribution system by the complainant for the City of Albertville was with the consent and concurrence of said city hypothecated by the complainant as collateral security for advance of capital used in the prosecution of the work, and at the time of filing of the bill was owned and held by the complainant’s creditor, the New Orleans Commercial Corporation as pledgee.

The complainant, therefore, was without right to sue at law for the recovery of any balance due under said contract. Code of 1923, § 5699, Code…

2Cases cited6 opinions

  1. Gilmer v. MorrisSupreme Court of Alabama · 1885
  2. Hall v. MilliganSupreme Court of Alabama · 1930
  3. Oden-Elliott Lumber Co. v. Butler County BankSupreme Court of Alabama · 1925
  4. Searcy v. ShowsSupreme Court of Alabama · 1920
  5. Coats v. Mutual Alliance Trust Co.Supreme Court of Alabama · 1911

1 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Winston v. WinstonSupreme Court of Alabama · 1964
  2. Garrett v. OddoSupreme Court of Alabama · 1954
  3. Lauderdale County Co-op., Inc. v. LansdellSupreme Court of Alabama · 1954
  4. Winston v. WinstonSupreme Court of Alabama · 1964

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