American Bonding Co. v. Fourth Nat. Bank
Supreme Court of Alabama
Appeal from Circuit Court, Montgomery County; William L. Martin, Judge. Bill by the American Bonding Company of Baltimore against the Fourth National Bank of Montgomery, seeking to hold it as trustee of certain funds and to require the same paid over. Erom a decree sustaining demurrers to the bill because void by the statute of limitations, complainant appeals.
Read the full summary
Appeal from Circuit Court, Montgomery County; William L. Martin, Judge. Bill by the American Bonding Company of Baltimore against the Fourth National Bank of Montgomery, seeking to hold it as trustee of certain funds and to require the same paid over. Erom a decree sustaining demurrers to the bill because void by the statute of limitations, complainant appeals. There is no question of the right of complainant to be subrogated to the rights of the ward and the guardian. 127 Tenn. 720, 157 S. W. 414; 104 Tex. 379, 137 S. W. 648, 138 S. W. SS3, 37 L. R. A. (N. S.) 409, Ann. Cas. 1914B, 669; R.…
1DissentMcCLELLAN, J.
This bill was by the appellant against the appellee, filed on May 27,1919. The original demurrer and the added grounds were filed June 26, 1919, and November 10, 1919, respectively, and the submission on the demurrers was had November 10, 1919. The decree sustaining the demurrers, from which this appeal is taken, was entered June 4, 1920. The cause was docketed and submitted in this court on December 12-16, 1920.
A recital of the presently material facts set forth in this bill will be made.
The appellant is a bonding company, and the appellee is engaged in a general banking business. In 1906…
2Cases cited23 opinions
- Allen v. Puritan Trust Co.Massachusetts Supreme Judicial Court · 1912
- United States Fidelity & Guaranty Co. v. Adoue & LobitTexas Supreme Court · 1911
- United States Fidelity & Guaranty Co. v. AdoueTexas Supreme Court · 1911
- James v. JamesSupreme Court of Alabama · 1876
- Veitch v. Woodward Iron Co.Supreme Court of Alabama · 1917
18 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- American Liberty Insurance Co. v. Amsouth BankSupreme Court of Alabama · 2002
- Home Insurance Company v. Stuart-McCorkle, Inc.Supreme Court of Alabama · 1973
- Mutual Building & Loan Ass'n v. WatsonSupreme Court of Alabama · 1933
- Alabama Farm Bureau Mutual Insurance Service, Inc. v. NixonSupreme Court of Alabama · 1958
- American Bonding Co. v. Fourth Nat. BankSupreme Court of Alabama · 1921
12 more not listed; retrieve them via the Exa API.