National Park Bank v. L. & N. R. R.
Supreme Court of Alabama
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
- United States v. BrittonSupreme Court of the United States · 1883
- Pollard v. VintonSupreme Court of the United States · 1882
- Jones v. StateSupreme Court of Alabama · 1911
- Schooner Freeman, &C. v. BuckinghamSupreme Court of the United States · 1856
- Morris v. StateSupreme Court of Alabama · 1906
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3Cited by58 opinions
- Wilson v. BrownSupreme Court of Alabama · 1986
- Jim Beard and Hubbard Beard v. Melvin StephensCourt of Appeals for the Fifth Circuit · 1967
- Williams v. BedenbaughSupreme Court of Alabama · 1926
- Cherokee Life Ins, Co. v. BrannumSupreme Court of Alabama · 1919
- American Guaranty Co. v. Sunset Realty & Planting Co.Supreme Court of Louisiana · 1944
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