Gulf Coal & Coke Co. v. Musgrove
Supreme Court of Alabama
Appeal from Mobile Law and Equity Court. Heard before Hon. Saffold Berney. Assumpsit by L. B. Musgrove as surviving partner of the firm of L. B. & J. C. Musgrove, against the Gulf Coal & Coke Company, to recover dividends declared and withheld. Judgment for plaintiff, and defendant appeals.
1Opinion of the CourtSayre, J.
This appeal was submitted under rule 46, 178 Ala. xix, 65 South, vii, and has been considered in accordance with that rule.
Appellee Musgrove, as surviving partner of the late firm of L. B. & J. C. Musgrove, stockholders in the defendant corporation, sued the Gulf Coal & Coke Company to recover certain dividends that had been declared on their stock. Plaintiff had judgment, and the defendant appeals.(1) Appellant’s first proposition is that appellee mistook the form of his remedy. The suit is for dividends declared, the same cause of action being also stated in the common counts for money…
2Cases cited11 opinions
- Green v. IrvingMississippi Supreme Court · 1877
- Keeble v. JonesSupreme Court of Alabama · 1914
- Prestwood v. McGowinSupreme Court of Alabama · 1900
- Bank of Mobile v. HugginsSupreme Court of Alabama · 1841
- Sheppard v. WilkinsSupreme Court of Alabama · 1840
6 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Julian v. WoolbertSupreme Court of Alabama · 1919
- Mobile Towing & Wrecking Co. v. HartwellSupreme Court of Alabama · 1922
- Lost Creek Coal & Mineral Land Co. v. HendonSupreme Court of Alabama · 1926
- Wolfe v. Shell Petroleum CorporationCourt of Appeals for the Tenth Circuit · 1936
- Colver v. McInturffSupreme Court of Kansas · 1923