Paterson & Edey Lumber Co. v. Bank of Mobile
Supreme Court of Alabama
Appeal from Circuit Court, Mobile County ; Norvelle R. Leigh, Judge. Action by'the Paterson & Edey Lumber Company against the Bank of Mobile for breach of contract relative to the sale of lumber. Judgment for plaintiff, and defendant appeals.
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Appeal from Circuit Court, Mobile County ; Norvelle R. Leigh, Judge. Action by'the Paterson & Edey Lumber Company against the Bank of Mobile for breach of contract relative to the sale of lumber. Judgment for plaintiff, and defendant appeals. The. judgment entry recites that— “Issue having joined between the plaintiff and defendant, thereupon came a jury of good and lawful men, * * * who, having heard the evidence and charge of the court, and thereupon, before the jury retired, the plaintiff makes known to the court that because of and from the adverse rulings and decisions of the court on…
1Opinion of the CourtThomas, J.
The recent announcements of this court with respect to the taking of a nonsuit with a bill of exceptions are contained in Schillinger v. Wickersham, 75 South. 11, 12; Herrmann v. Mobile Co., 80 South. 112, 113; State ex rel. Kernachan v. Roberts, 83 South. 49; Engle v. Patterson, 167 Ala. 117, 120, 121, 52 South. 397; Code, § 3017. It is the law of this jurisdiction that a party to an ultra vires executory contract made with a corporation is not estopped to defend against an action thereon, for the want of corporate capacity to make such contract, “either by the fact of contracting, whereby…
2Cases cited40 opinions
- Thomas v. Railroad Co.Supreme Court of the United States · 1880
- California Bank v. KennedySupreme Court of the United States · 1897
- Logan County National Bank v. TownsendSupreme Court of the United States · 1891
- First Nat. Bank of Charlotte v. National Exchange Bank of BaltimoreSupreme Court of the United States · 1876
- Concord First National Bank v. HawkinsSupreme Court of the United States · 1899
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3Cited by16 opinions
- Adler v. MillerSupreme Court of Alabama · 1928
- Webb v. J. G. White Engineering CorporationSupreme Court of Alabama · 1920
- BLUE CROSS AND BLUE SHIELD OF AL. v. Protective Life Ins. Co.Court of Civil Appeals of Alabama · 1987
- Brown v. Shelby CountySupreme Court of Alabama · 1920
- Sheffield Chamber of Commerce, Inc. v. HatchSupreme Court of Alabama · 1930
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