Fries v. Acme White Lead & Color Works
Alabama Court of Appeals
Appeal from Circuit Court, Jefferson County ; Horace C. Wilkinson, Judge. Action by tbe Acme White Lead & Color Works against Mrs. Richard H. Fries on the common counts. Judgment for plaintiff, and defendant appeals. Plea 1 is as follows: This defendant denies that plaintiff is a corporation. Plea 2 is as follows: This defendant denies that the plaintiff is legally authorized, under the laws of this state,, to maintain this suit.
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Appeal from Circuit Court, Jefferson County ; Horace C. Wilkinson, Judge. Action by tbe Acme White Lead & Color Works against Mrs. Richard H. Fries on the common counts. Judgment for plaintiff, and defendant appeals. Plea 1 is as follows: This defendant denies that plaintiff is a corporation. Plea 2 is as follows: This defendant denies that the plaintiff is legally authorized, under the laws of this state,, to maintain this suit. Pleas 6, 7, and 8 set up, in effect, that the obligation sued on is not the obligation of the-defendant, but is the obligation of another, to wit, Richard Fries,…
1Opinion of the CourtMerritt, J.
This is a suit on the common counts for goods, wares, and merchandise, sold by the plaintiff to defendant, ‘and appears to have been commenced in the inferior court of Birmingham in 1911, and appealed to the circuit court of Jefferson county. This is the second appeal to this court. Pries v. Acme White Lead & Color Works, 201 Ala. 613, 79 South. 45.
[1] It appears that at the last trial, and in December, 1919, the plaintiff, to meet the defendant’s demurrer, amended the complaint, by adding “a corporation,” after the name of the party plaintiff. To the amended complaint the defendant filed a…
2Cases cited6 opinions
- Fries v. Acme White Lead & Color WorksSupreme Court of Alabama · 1918
- Johnson v. Hanover National BankSupreme Court of Alabama · 1889
- Hurst v. Fitz Water Wheel Co.Supreme Court of Alabama · 1916
- Northumberland County Bank v. EyerSupreme Court of Pennsylvania · 1869
- Empire Clothing Co. v. Roberts, Johnson & Rand Shoe Co.Alabama Court of Appeals · 1917
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3Cited by2 opinions
- Franklin Life Ins. Co. v. WardSupreme Court of Alabama · 1939
- Ex Parte FriesSupreme Court of Alabama · 1921