Jefferson County Savings Bank v. Eborn
Supreme Court of Alabama
Appeal from Birmingham City Court. Tried before Hon. H. A. Sharpe, This was an action brought by the appellee, B. F. Eborn, against the appellants, The Jefferson County Savings Bank and others, and seeks to recover both actual and punitive damages for the wrongful and vexatious suing out of an attachment by the defendant corporation against the said Eborn. There were several grounds of demurrer interposed by the defendant to the plaintiff’s complaint.
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Appeal from Birmingham City Court. Tried before Hon. H. A. Sharpe, This was an action brought by the appellee, B. F. Eborn, against the appellants, The Jefferson County Savings Bank and others, and seeks to recover both actual and punitive damages for the wrongful and vexatious suing out of an attachment by the defendant corporation against the said Eborn. There were several grounds of demurrer interposed by the defendant to the plaintiff’s complaint. The first three grounds of demurrer are shown by the opinion. The other grounds were as follows: “ Fourth, — That it is no cause of action…
1Opinion of the CourtSomeryille, J.
The suit is one on an attachment bond, claiming damages both actual and exemplary for the wrongful and vexatious suing out of an attachment by the defendant corporation against Eborn, the plaintiff.
1. The objection is raised by demurrer that the defendant, being a body corporate, can not be made liable for exemplary or punitive damages in the action. The court properly overruled the first three grounds of demurrer suggesting this objection, and charged the jury that corporations, although they act by agents, may be liable for damages of this character. There was no error in these rulings. —…
2Cases cited13 opinions
- Hodges Bros. v. Coleman & CarrollSupreme Court of Alabama · 1884
- Reed v. Home Savings BankMassachusetts Supreme Judicial Court · 1881
- Levy & Co. v. WilliamsSupreme Court of Alabama · 1885
- Sims v. GainesSupreme Court of Alabama · 1879
- Benedict, Hall & Co. v. Renfro Bros.Supreme Court of Alabama · 1883
8 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Louis Pizitz Dry Goods Co. v. YeldellSupreme Court of the United States · 1927
- Marx Bros. v. LeinkauffSupreme Court of Alabama · 1890
- Gilliland v. FennSupreme Court of Alabama · 1890
- Fleming v. MooreSupreme Court of Alabama · 1925
- Thorn v. KempSupreme Court of Alabama · 1893
7 more not listed; retrieve them via the Exa API.