Cowan v. Campbell
Supreme Court of Alabama
Appeal from the Circuit Court of Marshall. Tried before the Hon. J. A. Bilbro. This action was brought to recover the balance due upon a promissory note. The balance consisted solely of an attorney’s fee stipulated for in the note. The note was given to C. C. Campbell as guardian for Mamie Arnold, and turned over to the latter in settlement of the accounts of the former as guardian.
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Appeal from the Circuit Court of Marshall. Tried before the Hon. J. A. Bilbro. This action was brought to recover the balance due upon a promissory note. The balance consisted solely of an attorney’s fee stipulated for in the note. The note was given to C. C. Campbell as guardian for Mamie Arnold, and turned over to the latter in settlement of the accounts of the former as guardian. Mamie Arnold delivered the note to McCord, the beneficial plaintiff, as an attorney, for collection. The beneficial plaintiff collected the principal and interest of the note after maturity and the note was…
1Opinion of the CourtMcCLELLAN, C. J.
This action was begun by Mc-.Coird. The complaint was afterwards amended by making Campbell to the use of McCord the plaintiff. The action being upon negotiable promissory note payable to Campbell and not indorsed by him and the beneficial interest being in McCord, it was necessary for the action to be prosecuted by Campbell, but the amendment making him the nominal plaintiff to the use of McCord did not work an entire change of parties; McCord was still the real, as he had before been the sole and real, party plaintiff. — Oode, §§ 28, 29, 30.
On the averments of the complaint the attorney’s…
2Cases cited1 opinion
- Stephenson v. AllisonSupreme Court of Alabama · 1898
3Cited by10 opinions
- Birmingham Gas Co. v. SanfordSupreme Court of Alabama · 1932
- Alabama Power Co. v. HamiltonSupreme Court of Alabama · 1917
- Smith v. YearwoodSupreme Court of Alabama · 1916
- Mitchell v. Shreveport Creosoting Co.Supreme Court of Louisiana · 1909
- Southern Ry. Co. v. Northwestern Fruit Exch.Supreme Court of Alabama · 1923
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