Farley National Bank v. Henderson
Supreme Court of Alabama
Appeal from the Circuit Court of Pike. Tried before tbe Hou. J. M. Carmichael. This vras an action by the appellant, the Farley National Bank, against J. M. Henderson, the appellee, and counted upon a bill of exchange, Avhich had been drawn by one J. C. McKenzie upon J. M. Henderson, and made payable to the order of the Farley National Bank, and Avhich was accepted by J. M. Henderson. ■ The defendant filed eight pleas.
Read the full summary
Appeal from the Circuit Court of Pike. Tried before tbe Hou. J. M. Carmichael. This vras an action by the appellant, the Farley National Bank, against J. M. Henderson, the appellee, and counted upon a bill of exchange, Avhich had been drawn by one J. C. McKenzie upon J. M. Henderson, and made payable to the order of the Farley National Bank, and Avhich was accepted by J. M. Henderson. ■ The defendant filed eight pleas. Demurrers were sustained to t'he second, third, fourth and sixth pleas, and it is therefore unnecessary to set out these pleas at length on this appeal. The first plea was the…
1Opinion of the CourtBrickell, C. J.
Appellant brought this action to recover upon a bill of exchange for the sum of $5,000, drawn by J. C. McKenzie upon appellee, dated January 20, 1896, payable to the order'of appellant, December 28, 1896, and accepted by appellee. The defense set up by the various special pleas was, that the bill had been accepted by the defendant solely for the accommodation of the drawer and for a special purpose, and that the drawer, with the knowledge and participation of *463plaintiff, bad diverted the bill and the proceeds thereof ■from the purpose intended.
Accommodation paper is a loan of credit by the…
2Cases cited13 opinions
- Saltmarsh v. TuthillSupreme Court of Alabama · 1848
- Woodall v. Kelly & Co.Supreme Court of Alabama · 1888
- Benjamin v. . RogersNew York Court of Appeals · 1891
- Munter & Faber v. LinnSupreme Court of Alabama · 1878
- Capital City Insurance v. QuinnSupreme Court of Alabama · 1883
8 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- First National Bank v. ChandlerSupreme Court of Alabama · 1905
- Little v. People's BankSupreme Court of Alabama · 1923
- Penry v. DozierSupreme Court of Alabama · 1909
- Grisim v. Live Stock State BankSupreme Court of Minnesota · 1926
- Western Union Tel. Co. v. EmersonAlabama Court of Appeals · 1914
7 more not listed; retrieve them via the Exa API.