First National Bank v. First National Bank
Supreme Court of Alabama
Appeal from tlie City Court of Birmingham. Tried before the Hon. W. W. Wilkekson. The appellee, the First National Bank of Newport, Kentucky, brought this action against the First National Bank of Birmingham, Alabama, on August 11, 1892. The original complaint contained two counts. Subsequently the complaint was amended by adding a third count. The substance of the first and third counts are sufficiently stated in the opinion.
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Appeal from tlie City Court of Birmingham. Tried before the Hon. W. W. Wilkekson. The appellee, the First National Bank of Newport, Kentucky, brought this action against the First National Bank of Birmingham, Alabama, on August 11, 1892. The original complaint contained two counts. Subsequently the complaint was amended by adding a third count. The substance of the first and third counts are sufficiently stated in the opinion. The second count sought to recover of defendant the amount claimed in the other counts, as “money paid by the plaintiff for the defendant at its request." The first…
1Opinion of the CourtBkickell, C. J.
One J. S. Carr, being indebted to the First National Bank of Newport, Ky., appellee, in the sum of ten thousand dollars, for which he had given his note, delivered to said bank as collateral security twenty transfers of Texas land certificates, each of *530which, entitled the holder to a section of land in Texas, to be selected and located according to the laws of that State. On August 12, 1887, appellee sent these transfers to the First National Bank of Birmingham, appellant, together with the following letter of instructions : “E. W. Linn, Cashier, Birmingham, Ala., Lear Sir: Enclosed find our…
2Cases cited14 opinions
- Exchange Nat. Bank of Pittsburgh v. Third Nat. Bank of NYSupreme Court of the United States · 1884
- Preston v. PratherSupreme Court of the United States · 1891
- Ouderkirk v. Central National BankNew York Court of Appeals · 1890
- Wilkinson v. MoseleySupreme Court of Alabama · 1857
- Case v. BankSupreme Court of the United States · 1880
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3Cited by12 opinions
- Highlands Underwriters Ins. Co. v. Elegante Inns, Inc.Supreme Court of Alabama · 1978
- Russell v. BushSupreme Court of Alabama · 1916
- Snedecor v. PopeSupreme Court of Alabama · 1904
- Navco Hardwood Co. v. BassSupreme Court of Alabama · 1925
- Corinth Bank & Trust Co. v. CochranSupreme Court of Alabama · 1929
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