Tallapoosa County Bank v. Salmon
Alabama Court of Appeals
Assumpsit. Appeal from Tallapoosa Circuit Court. Heard before Hon. S. L. Brewer. Action by F. A. Salmon against the Tallapoosa County Bank to recover a general deposit, made in the name of a firm. Judgment for plaintiff, and defendant appeals.
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Assumpsit. Appeal from Tallapoosa Circuit Court. Heard before Hon. S. L. Brewer. Action by F. A. Salmon against the Tallapoosa County Bank to recover a general deposit, made in the name of a firm. Judgment for plaintiff, and defendant appeals. A partnership is an entity, and the legal title to its property resides in the partnership and not in the individuals composing the firm.- — Gossett v. Morrow, 58 South. 799; Salmon v. Salmon, 60 South. 887. All partners must join in an action for debt or a demand due to the partnership. — Allen v. White, Minor 368; Jones v. Blair, 57 Ala. 457; Drennen…
1Opinion of the CourtBrown, J.
By a general deposit of money in bank the money becomes the property of the bank, and the relation of creditor and debtor between the depositor and the bank is created.—Clisby v. Mastin, 150 Ala. 133, 43 *591South. 742, 124 Am. St. Rep. 64; Alston v. State, 92 Ala. 124; Ex parte Jones, 77 Ala. 330; Henry v. North Bank of Alabama, 63 Ala. 527; Daniel on Negotiable Inst., §§ 1637-1641.
The appellant in this case does not deny that it was indebted to “R. V. Salmon’s Son,” in whose name general deposits bad been made; but the only litigated question is whether appellee used “R. V. Salmon’s Son” as a…
2Cases cited17 opinions
- National Commercial Bank v. Miller & Co.Supreme Court of Alabama · 1884
- Fancher Bros. & Co. v. Bibb Furnace Co.Supreme Court of Alabama · 1887
- Alston v. StateSupreme Court of Alabama · 1890
- Bessierre v. Ala. City G. & A. R. R.Supreme Court of Alabama · 1912
- Roberts v. HeimSupreme Court of Alabama · 1855
12 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Bowdon Lime Works v. MossAlabama Court of Appeals · 1915
- Rose v. BeckhamSupreme Court of Alabama · 1956
- Bank of Menlo v. Arnold & Co.Alabama Court of Appeals · 1915
- Brown & Co. v. MatthewsAlabama Court of Appeals · 1915