Rhodes v. W. B. Folmar & Sons

The appeal is from an order granting motion for a new trial.

It is the established rule in this jurisdiction that a due demand is a condition precedent to the maintenance of a suit against a bank by a depositor to recover general deposits, and no recovery can be had on common counts which contain no such averment, or a proper excuse for such failure to make due demand, or efficient waiver by the bank or demand would be futile. Tobias v. Josiah Morris & Co., 126 Ala. 535, 28 So. 517; Boaz Bank v. Nailer, 213 Ala. 314, 104 So. 793; Ex parte First National Bank (First National Bank of Montgomery…