United States Cast Iron P. & F. Co. v. Bailey
Supreme Court of Alabama
Appeal from Bessemer City Court. Heard before Hon. J. C. B. Gwin. Action by B. Bailey against the United States Cast Iron Pipe & Foundry Company, upon an agreement to pay a sum certain for personal injury during disability. Judgment for plaintiff, and defendant appeals.
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Appeal from Bessemer City Court. Heard before Hon. J. C. B. Gwin. Action by B. Bailey against the United States Cast Iron Pipe & Foundry Company, upon an agreement to pay a sum certain for personal injury during disability. Judgment for plaintiff, and defendant appeals. Transferred from the Court of Appeals under section 6, Act April 18, 1911 (Acts 1911, p. 450). Counts 1 and 3 set up an agreement whereby 50 cents was deducted from plaintiff’s wages each month while plaintiff was employed by defendant, in consideration of which defendant agreed, in case of personal injury received by…
1Opinion of the Court
THOMAS, J. —
The complaint as amended contained three counts. The pleas consisted of the general issue, and' special plea No. 2 of ultra vires, to which demurrer was sustained.(1) When the cause was submitted to the jury, count 1 was withdrawn, and the general charge was given for the defendant as to count 3. The remaining count, numbered 2, was for money had and received. The trial court correctly sustained plaintiff’s demurrer to plea No. 2. A corporation, other than an insurance company, may do an insurance business, as an incident to its general business, if the insurance is not contrary…
2Cases cited7 opinions
- St. Louis & Tennessee River Packet Co. v. McPetersSupreme Court of Alabama · 1899
- Sales-Davis Co. v. Henderson-Boyd Lumber Co.Supreme Court of Alabama · 1915
- Moody v. WalkerSupreme Court of Alabama · 1889
- Young v. GarberSupreme Court of Alabama · 1906
- Turner v. Stetts, Allen & GillSupreme Court of Alabama · 1856
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Christie v. DurdenSupreme Court of Alabama · 1921
- Jackson Lumber Co. v. TrammellSupreme Court of Alabama · 1917
- Paterson & Edey Lumber Co. v. Bank of MobileSupreme Court of Alabama · 1919
- Bank of Moulton v. RankinAlabama Court of Appeals · 1930
- Alabama Great Southern Railroad v. Loveman Compress Co.Supreme Court of Alabama · 1916
1 more not listed; retrieve them via the Exa API.