Legal Opinion
American Ins. Co. v. Newberry
Supreme Court of Alabama
Decided March 24, 1927No. 4 Div. 269PublishedCited by 17 opinions
1Opinion of the CourtSomerville, J.
Notwithstanding the statute (Code, § 5699) which provides that “actions on * * * contracts, express or implied, for the payment of money, must be prosecuted in the name of the party really interested, whether he has the legal title or not,” one to whom a contract is made payable as trustee for others may maintain an action in his own name. Rice v. Rice, 106 Ala. 636, 17 So. 628; Ala., etc., Ry. Co. v. Kyle, 202 Ala. 552, 81 So. 54 (headnote 10).
The policy here sued on insured “trustees school district No. 24, Chancellor, Ala., route No. 1.” The action is brought in the name of “J. J. Newberry…
2Cases cited7 opinions
- Waring v. . the Indemnity Fire Ins. Co.New York Court of Appeals · 1871
- Insurance Co. v. ChaseSupreme Court of the United States · 1867
- Commercial Fire Insurance v. Capital City InsuranceSupreme Court of Alabama · 1886
- Alabama City, G. & A. Ry. Co. v. KyleSupreme Court of Alabama · 1918
- Continental Fire Ins. v. BrooksSupreme Court of Alabama · 1901
2 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- American Equitable Assur. Co. v. Powderly Coal & Lumber Co.Supreme Court of Alabama · 1932
- Ocean Accident Guarantee Corporation v. BearSupreme Court of Alabama · 1929
- St. Paul Fire & Marine Ins. v. Garza County Warehouse & Marketing Ass'nCourt of Appeals for the Fifth Circuit · 1937
- American Equitable Assur. Co. v. Powderly Coal & Lumber Co.Supreme Court of Alabama · 1930
- National Fire Ins. Co. of Hartford v. Tennessee Land Co.Supreme Court of Alabama · 1932
12 more not listed; retrieve them via the Exa API.