Montgomery County v. New Farley Nat. Bank
Supreme Court of Alabama
Appeal from City Court of Montgomery; Gaston Gunter, Judge. Action by County of Montgomery against New Farley National Bank. Judgment for defendant, and plaintiff appeals. Transferred from Court of Appeals under section 6, Acts 1911, p. 449. Suit by the county of Montgomery against the appellee hank for the recovery of $583.75, balance due on the purchase price of certain bonds of date May 1, 1909, issued by the county.
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Appeal from City Court of Montgomery; Gaston Gunter, Judge. Action by County of Montgomery against New Farley National Bank. Judgment for defendant, and plaintiff appeals. Transferred from Court of Appeals under section 6, Acts 1911, p. 449. Suit by the county of Montgomery against the appellee hank for the recovery of $583.75, balance due on the purchase price of certain bonds of date May 1, 1909, issued by the county. The issue aggregated the sum of $150,000, and the bonds were of the denomination of $1,000. The complaint alleges the purchase of the bonds by appellee, and then alleges the…
1Opinion of the CourtGardner, J.
The foregoing statement discloses that the parties entered into a valid and binding contract in regard to the sale of $150,000 of the bonds of the county of Montgomery at their par value, with accrued interest to date of delivery and a premium of $3,000.
[1] It is the insistence of counsel for appellee that the resolution of the board, of May 22, 1909, set forth in the above statement of the case, relieving the bank from the payment of interest after May 22d, was a modification of the original contract of purchase, supported by the mutual assent of the parties, it being in the nature of an…
2Cases cited5 opinions
- Shriner v. CraftSupreme Court of Alabama · 1910
- Meech v. . the City of BuffaloNew York Court of Appeals · 1864
- Cooper v. McIlwainSupreme Court of Alabama · 1877
- Mobile & Kansas City Railroad v. OwenSupreme Court of Alabama · 1898
- Georgia Pine Lumber Co. v. Central Lumber & Timber Co.Alabama Court of Appeals · 1912
3Cited by11 opinions
- Moore v. WilliamsonSupreme Court of Alabama · 1925
- McDonough v. SaundersSupreme Court of Alabama · 1917
- Jones v. First Nat. BankSupreme Court of Alabama · 1921
- Brown v. Lowndes CountySupreme Court of Alabama · 1918
- Moore v. WilliamsonSupreme Court of Alabama · 1923
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