McKenzie v. Branch Bank
Supreme Court of Alabama
Appeal from tbe Circuit Court of Montgomery. Tried before the Hon. John Gill Shorter. This suit was instituted by the appellee, by notice and motion for a summary judgment against John McKenzie, William C. Wright, and Benjamin Gibson, on a promissory note for $1,000, dated September 29,1846, payable five years after date to the Branch Bank at Montgomery, and payable and nogotiable at said Bank.
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Appeal from tbe Circuit Court of Montgomery. Tried before the Hon. John Gill Shorter. This suit was instituted by the appellee, by notice and motion for a summary judgment against John McKenzie, William C. Wright, and Benjamin Gibson, on a promissory note for $1,000, dated September 29,1846, payable five years after date to the Branch Bank at Montgomery, and payable and nogotiable at said Bank. Wright and Gibson having died pending the suit, it was allowed to abate as to them, and proceeded to 'judgment against McKenzie alone. The only plea was the general issue, with leave to give any…
1Opinion of the CourtStone, J.
There are two fatal objections to the first charge asked by the defendant in the court below, either of which justifies the qualification given by the judge: first, the acceptor of the bills, himself, passed the papers to the Bank, (Saltmarsh v. P. & M. Bank, 14 Ala. 668); and, secondly, the bills were^pot sold to the Bank in payment, but placed there as collateral security to a pre-existing debt. — Boyd & Macon v. McIver, 11 Ala. 822; Thompson v. Armstrong, 7 Ala. 256; Maraton v. Forward, 5 Ala. 347; Bank of Mobile v. Hall, 6 Ala. 639; Wardell v. Howell, 9 Wend. 170; Andrews v. McCoy, 8 Ala.…
2Cases cited11 opinions
- Wardell v. HowellNew York Supreme Court · 1832
- Andrews v. McCoySupreme Court of Alabama · 1846
- Wallace v. Branch BankSupreme Court of Alabama · 1840
- Saltmarsh v. P. & M. BankSupreme Court of Alabama · 1848
- Bank of Mobile v. HallSupreme Court of Alabama · 1844
6 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Shipp v. SheltonSupreme Court of Alabama · 1915
- State v. BowkerOregon Supreme Court · 1894
- Marks v. First National BankSupreme Court of Alabama · 1885
- Cole v. VarnerSupreme Court of Alabama · 1857
- Fenouille v. HamiltonSupreme Court of Alabama · 1859
4 more not listed; retrieve them via the Exa API.