Riddle v. Hill's Administrator
Supreme Court of Alabama
Appeal from the Circuit Court of Marengo. Tried before the Hon. Luther R. Smith. This action was brought by Mrs. Susan Hill, as the administratrix of the estate of her deceased husband, Charles W. Hill, against A. J. Riddle, J. E. Poelnitz, and F. N. Strudwick; and was founded on the defendants’ promissory note for $1,350, dated the 13th February, 1863, and payable to the plaintiff, as administratrix, on the 1st March, 1864. The first count was in the usual form of complaint…
Read the full summary
Appeal from the Circuit Court of Marengo. Tried before the Hon. Luther R. Smith. This action was brought by Mrs. Susan Hill, as the administratrix of the estate of her deceased husband, Charles W. Hill, against A. J. Riddle, J. E. Poelnitz, and F. N. Strudwick; and was founded on the defendants’ promissory note for $1,350, dated the 13th February, 1863, and payable to the plaintiff, as administratrix, on the 1st March, 1864. The first count was in the usual form of complaint on a promissory note by the payee against the makers ; while the second count contained the additional averments, that…
1Opinion of the CourtBrickell, J.
As the judgment must be reversed, and the cause remanded, we do not propose to notice separately the several pleas, and the demurrers thereto, but to announce the principles which must control in determining the sufficiency of the pleadings, and rendering final judgment, if the pleadings disclose, in their present state, the facts of the case.
1. The contract on which the suit is founded was made with the administratrix personally, and is payable to her in her representative capacity. On such a contract, she may maintain suit in her own name; and whether she sues in her own name, or as…
2Cases cited18 opinions
- Horn v. LockhartSupreme Court of the United States · 1873
- Thorington v. SmithSupreme Court of the United States · 1869
- Stoudenmeier v. WilliamsonSupreme Court of Alabama · 1857
- Biddle v. WilkinsSupreme Court of the United States · 1828
- Ikelheimer v. Chapman's Adm'rsSupreme Court of Alabama · 1858
13 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Vandegrift v. Abbott.Supreme Court of Alabama · 1883
- Houston County v. MartinSupreme Court of Alabama · 1936
- Trustees of Howard College v. TurnerSupreme Court of Alabama · 1882
- Henry & Co. v. Northern BankSupreme Court of Alabama · 1879
- Union Stave Co. v. SmithSupreme Court of Alabama · 1896
5 more not listed; retrieve them via the Exa API.