Hudson & Thompson v. First Farmers & Merchants National Bank

LIVINGSTON, Chief Justice.

Hudson and Thompson, a partnership, brought suit in the Circuit Court of Pike-County against the First Farmers and Merchants National Bank of Troy, Alabama. The bank interposed a plea in abatement of the suit. After a judgment overruling Hudson and Thompson’s demurrers to the bank’s plea in abatement, Hudson and Thompson took a non-suit and appealed.

The complaint in this cause consists of 3 counts. Counts 1 and 2 claim of the defendant $12,560.12 for money received by the defendant between February 22, 1950 and March 15, 1953 to the use of the plain*559tiff, which money…