Batson v. Alexander City Bank
Supreme Court of Alabama
Appeal from Coosa Circuit Court. Heard before Hou. S. L. Brewer. Action by the Alexander City Bank aganst J. P. Bat-son, doing busness as the Bank of Rockford. Prom a judgment for plaintiff, defendant appeals. Plaintiff’s case, as presented by count Al and A2 of the complaint as amended, is as follows: On February 4, 1910, plaintiff made a loan of $1,200 to one Ellis, receiving from him as security a chattel mortgage on six mules, together with other property.
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Appeal from Coosa Circuit Court. Heard before Hou. S. L. Brewer. Action by the Alexander City Bank aganst J. P. Bat-son, doing busness as the Bank of Rockford. Prom a judgment for plaintiff, defendant appeals. Plaintiff’s case, as presented by count Al and A2 of the complaint as amended, is as follows: On February 4, 1910, plaintiff made a loan of $1,200 to one Ellis, receiving from him as security a chattel mortgage on six mules, together with other property. Ellis represented that he owned the mules, and the loan was made to him in reliance upon the truth of this statement; Ellis deposited…
1Opinion of the CourtSomerville, J.
The meritorious and decisive questions presented by the rulings of the trial court on the pleadings may be concisely stated as follows: Where money is obtained by fraudulent representations which authorize a rescission of the contract under which it is paid, and it is rescinded, can the rescindor recover *496the amount of the money in general assumpsit from one who has received it in good faith, without knowledge of the fraud, but who has given no value for it? And, if so, can such amount be recovered from a bank which in'good faith received it as a general deposit in the usual course of…
2Cases cited9 opinions
- Wynn v. Tallapoosa County BankSupreme Court of Alabama · 1910
- Stephens v. . Board of EducationNew York Court of Appeals · 1879
- Cady v. South Omaha National BankNebraska Supreme Court · 1896
- Louisville & Nashville Railroad v. Sullivan Timber Co.Supreme Court of Alabama · 1899
- Smith v. Des Moines National BankSupreme Court of Iowa · 1899
4 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- McDonald v. McDonaldSupreme Court of Alabama · 1924
- King v. PorterSupreme Court of Alabama · 1935
- Bank of Guntersville v. CrayterSupreme Court of Alabama · 1917
- ALABAMA FEDERAL SAV. AND LOAN ASS'N v. HowardSupreme Court of Alabama · 1988
- Clayton Brokerage Co. of St. Louis, Inc. v. LowranceMissouri Court of Appeals · 1979
12 more not listed; retrieve them via the Exa API.