Legal Opinion

National Park Bank v. L. & N. R. R.

Supreme Court of Alabama

Decided February 1, 1917PublishedCited by 58 opinions

Appeal from Morgan Law and Equity Court. Heard before Hon. Thomas W. Wert. Action by the National Park Bank of New York against the Louisville & Nashville Railroad Company for fraud and in assumpsit. Demurrers were sustained to several counts of the complaint whereupon plaintiff took a non-suit and appeals.

1Opinion of the CourtThomas, J.

— On former appeal count 5 was held subject to demurrer. — L. & N. R. R. Co. v. National Park Bank, 188 Ala. 109, 65 South. 1003.

On the second trial, count 5 was amended, and counts A, B, C, D, E, F, and G were added, seeking to recover damages arising out of an alleged conspiracy between Knight, Yancey & Co., and one of the defendant’s agents. Counts H, I, J, and K sought to recover for a fraud alleged to have been perpetrated on the part of defendant’s agents, acting within the line and scope of their authority, and with Knight, Lancey & Co., that estopped the defendant to deny liability.…

2Cases cited93 opinions

  1. United States v. BrittonSupreme Court of the United States · 1883
  2. Pollard v. VintonSupreme Court of the United States · 1882
  3. Jones v. StateSupreme Court of Alabama · 1911
  4. Schooner Freeman, &C. v. BuckinghamSupreme Court of the United States · 1856
  5. Morris v. StateSupreme Court of Alabama · 1906

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3Cited by58 opinions

  1. Wilson v. BrownSupreme Court of Alabama · 1986
  2. Jim Beard and Hubbard Beard v. Melvin StephensCourt of Appeals for the Fifth Circuit · 1967
  3. Williams v. BedenbaughSupreme Court of Alabama · 1926
  4. Cherokee Life Ins, Co. v. BrannumSupreme Court of Alabama · 1919
  5. American Guaranty Co. v. Sunset Realty & Planting Co.Supreme Court of Louisiana · 1944

53 more not listed; retrieve them via the Exa API.

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