Barnes v. Marshall

Decided June 3, 1915

Supreme Court of Alabama · decided 1915-06-03

Heard before Hon. H. A. Pearce. Assumpsit by Vivian H. Marshall against Jesse W. Barnes. Judgment for plaintiff, and defendant appeals. The plaintiff was general agent for a life insurance company, and employed the defendant as his agent to solicit the application for insurance policies.

Good law ✅— No negative treatment on recordhow we know

Reversed and remanded · Decided 1915-06-03

How this case has been cited

Cited by 14 later decisions — most recently June 1939

14 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1ON REHEARING.

SOMERVILLE, J.

¶2(8) The point is raised that estoppel is not available unless specially pleaded. This is the rule, of course; but counsel overlook the fact, which is shown by the record, that the defendant pleaded “in short, by consent, the general issue, with leave to give in evidence any matter that could be specially pleaded.” We have not held that the plaintiff is estopped from any recovery for breach of the contract sued on, but only that he cannot treat the premium notes as money in the hands of the defendant. He may, of course, have other grounds of action than the defendant’s failure to pay over money on hand; and it would seem that he has an equitable interest in the premium notes themselves.

¶3The charge referred to in the opinion was designated as “Y,” instead of “Z,” by a typographical error, which has been corrected.