Bank of Alabama v. Gibson's Adm'rs
Supreme Court of Alabama
Writ of error to the County Court of Dallas. This was an action of assumpsit at the suit of the plaintiff in error against the defendants on a promissory note, payable to the president and directors of the Bank of the State of Alabama.— The defendants pleaded, 1. That the cause of action described in the plaintiff’s declaration, was not presented to them within eighteen months after letters of administration on the estate of the intestate were granted to them; nor within…
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Writ of error to the County Court of Dallas. This was an action of assumpsit at the suit of the plaintiff in error against the defendants on a promissory note, payable to the president and directors of the Bank of the State of Alabama.— The defendants pleaded, 1. That the cause of action described in the plaintiff’s declaration, was not presented to them within eighteen months after letters of administration on the estate of the intestate were granted to them; nor within eighteen months after the same accrued. 2. Plene administramt. 3. Non-assump-sit. To the first plea, the plaintiff…
1Opinion of the CourtCollier, C. J.
In Owen, et al. v. The Branch Bank at Mobile, [3 Ala. Rep. 258,] this court was of opinion that our Banks, of which the State is the exclusive proprietor, are corporations “created for the purpose of banking, not on the credit of the State, but upon a fund provided for that purpose.” That they could sue and be sued, and were invested with the attributes necessary to the existence of a corporation. Had we there attained the conclusion that the note issued by the Bank were in point of fact emitted by the State, we must have adjudged that these institutions were brought into existence by the…
2Cases cited3 opinions
- US Bank v. PLANTERS'BANKSupreme Court of the United States · 1824
- CRAIG v. the State of MissouriSupreme Court of the United States · 1830
- Owen v. Branch Bank at MobileSupreme Court of Alabama · 1842
3Cited by7 opinions
- State Docks Commission v. BarnesSupreme Court of Alabama · 1932
- Providence Engineering Corp. v. Downey Shipbuilding Corp.Court of Appeals for the Second Circuit · 1923
- Tennessee & Coosa Railroad v. East Alabama Railway Co.Supreme Court of Alabama · 1882
- Governor ex rel. Thomas v. WoodworthIllinois Supreme Court · 1872
- Branch of the Bank of Alabama at Mobile v. CollinsSupreme Court of Alabama · 1844
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