A. Dreher & Co. v. National Surety Co.
Supreme Court of Alabama
Appeal from Bessemer City Court. Heard before I-Ion. J. C. B. Gavin. Action by A. S. Cowan, as trustee in bankruptcy, against the National Surety Company and others for breach of a bond given to A. Dreber & Co. and others. From a judgment for defendants, plaintiff appeals.
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Appeal from Bessemer City Court. Heard before I-Ion. J. C. B. Gavin. Action by A. S. Cowan, as trustee in bankruptcy, against the National Surety Company and others for breach of a bond given to A. Dreber & Co. and others. From a judgment for defendants, plaintiff appeals. The complaint was as follows: “Plaintiff, A. S. Cowan, suing in his capacity as trustee in bankruptcy of the estate of T. A. Moore, H. C. Moore, and Moore Bros., claims of the defendant the National Surety Company, a corporation, and T. A. Moore and H. C. Moore, the sum of $6,500, for the breach of a condition of the bond…
1Opinion of the Court
ANDERSON, J.-
The bond, as set out in the complaint, not being a negotiable instrument, a suit thereupon might, under section 2489 of the Code of 1907, be brought by the beneficial owner; but, where the instrument is set out in the complaint and is made payable to another,, the plaintiff who sues as the beneficial owner should aver that he is such owner, and good pleading should suggest that he aver how or in what manner he was or became the beneficial owner.
Count 1 does not aver that CoAvan is the beneficial OAvner, or that the bond Avas made for the benefit of the estate, and the only theory…
2Cases cited2 opinions
- Smith v. CooperCourt of Appeals for the Fifth Circuit · 1903
- Burns v. GeorgeSupreme Court of Alabama · 1898
3Cited by4 opinions
- Gray v. City of Santa FeCourt of Appeals for the Tenth Circuit · 1937
- Clayton v. Bank of East ChattanoogaSupreme Court of Alabama · 1920
- Cairns v. DanielAlabama Court of Appeals · 1917
- Cairns v. DanielAlabama Court of Appeals · 1917