Legal Opinion

Snead v. Bell

Supreme Court of Alabama

Decided November 15, 1904PublishedCited by 4 opinions

Appeal from Marshall Circuit Court. Tried before the Hon. J. A. Bilbro. This action was brought by appellee, Robert N. Bell, ■as trustee for the benefit of Knight, Henry & Co.,, a domestic corporation against appellant John H. Snead.

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Appeal from Marshall Circuit Court. Tried before the Hon. J. A. Bilbro. This action was brought by appellee, Robert N. Bell, ■as trustee for the benefit of Knight, Henry & Co.,, a domestic corporation against appellant John H. Snead. With the exception of those counts of the complaint which were withdrawn by the complainant, demurrers of defendant were sustained to all the counts except the 10th and 11th, which are as follows: “10. The plaintiff as assignee of Knight, Henry & Co., a cotton company corporation for the benefit of the creditors of said Knight Henry & Co., claims of the defendant…

1Opinion of the CourtTyson, J.

The 10th and 11th counts of the complaint, added by way of amendment, and upon which a recovery was had, shows that the recovery sought is by Bell, the plaintiff, as assignee of Knight, Henry & Company, a corporation, for the benefit of the creditors of that corporation, for the breach of a verbal agreement or contract for the sale of certain cotton by defendant to Knight, Henry & Company. One proposition raised by the demurrer to these counts is that Bell as assignee cannot sue in his own name on the contract alleged.

At common law choses in action with the exception of negotiable…

2Cases cited3 opinions

  1. Planters' & Merchants' Insurance v. TunstallSupreme Court of Alabama · 1882
  2. Goodwin v. LloydSupreme Court of Alabama · 1838
  3. Phillips v. SellersSupreme Court of Alabama · 1868

3Cited by4 opinions

  1. Paterson & Edey Lumber Co. v. Carolina-Portland Cement Co.Supreme Court of Alabama · 1927
  2. Richards v. MontgomerySupreme Court of Alabama · 1935
  3. Bohanan v. ThomasSupreme Court of Alabama · 1909
  4. Spurgeon & Dozier Co. v. McCallSupreme Court of Alabama · 1920

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