H. C. Schrader Co. v. A. Z. Bailey Groc. Co.
Alabama Court of Appeals
Appeal from Morgan Law and Equity Court. Heard before Hon. THOMAS W. WERT. Action by the A. Z. Bailey Grocery Company begun against the Commercial Savings Bank & Trust Company, with affidavit on the part of defendant and payment of money into court, showing that the money was claimed by the H. C. Schrader Company, and the Heard National Bank of Jacksonville. Judgment for plaintiff as against the substituted defendants, and one of them appeals.
1Opinion of the CourtBrown, J.
The A. Z. Bailey Grocery Company, the appellee, commenced this action against the Commercial Savings Bank & Trust Company for breach of contract, and for money had and received on the 9th day of December, 1912. The Bank & Trust Company, on the 10th day of January, 1918, filed an affidavit alleging, “that on November 29, 1912, they [it] received a draft from the Heard National Bank of Jacksonville, Florida, drawn by H. C. Schrader & Co. on A. Z. Bailey Grocery Company for the sum of $396.00, which sum of $396.00 was paid this defendant by the said A. Z. Bailey Grocery Company, to wit, November…
2Cases cited11 opinions
- McNamara v. Provident Sav. Life Assur. Soc.Court of Appeals for the Fifth Circuit · 1902
- Stewart v. SampleSupreme Court of Alabama · 1910
- Crass v. Memphis & Charleston RailroadSupreme Court of Alabama · 1892
- Cosmos Cotton Co. v. 1st National BankSupreme Court of Alabama · 1911
- Haas & Co. v. Citizens BankSupreme Court of Alabama · 1905
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- Anniston Lumber & Mfg. Co. v. KirklandSupreme Court of Alabama · 1929
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