American Employers' Ins. v. Lee & Kincaid Coal Co.

BOULDIN, Justice.

The original party plaintiff was the “United States Fidelity & Guaranty Company, for the use of Lee & Kincaid Coal Company, a corporation.” The Lee & Kincaid Company, being the beneficiary, was the real party, plaintiff, and not the United States Fidelity & Guaranty Company, although it was. an obligee in the bond. The amendment, eliminating the United States Fidelity & Guaranty Company as a party plaintiff, did riot operate as an entire change of parties plaintiff, and was properly allowed by the trial court. Smith v. Yearwood, 197 Ala. 680, 682; 73 So. 384, and the statute…