Jones v. Weakley
Supreme Court of Alabama
Appeal from the Circuit Court of Jefferson. Tried, before the Hon. James B. Head. This suit was brought by the appellant, John H. Jones, against the appellee, S. D. Weakley, as administrator of the estate of Nat Jenkins, deceased, for money had and received. The facts of the case are sufficiently stated in the opinion. The cause was tried by the court without the intervention of a jury; and upon the hearing of the evidence the court rendered judgment for the defendant.
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Appeal from the Circuit Court of Jefferson. Tried, before the Hon. James B. Head. This suit was brought by the appellant, John H. Jones, against the appellee, S. D. Weakley, as administrator of the estate of Nat Jenkins, deceased, for money had and received. The facts of the case are sufficiently stated in the opinion. The cause was tried by the court without the intervention of a jury; and upon the hearing of the evidence the court rendered judgment for the defendant. The plaintiff prosecutes this appeal, and assigns as error the rendition of said judgment. The delivery of a savings bank…
1Opinion of the CourtStone, C. J.
This case was tried by the court without a jury, and presents a single question: Does the testimony prove that the deceased, Nat Jenkins, made a valid, executed gift causa mortis to John H. Jones, the plaintiff, of the money he had on deposit with the First National Bank of Birmingham? There is no material conflict in the testimony.
The First National Bank of Birmingham was a bank of issue, discount and deposit, and was not a savings bank. Nat Jenkins was a colored man, was lying seriously wounded from a railroad disaster; believed he would die of his wounds, and did in fact die therefrom two…
2Cases cited9 opinions
- Pierce v. Boston Five Cents Savings BankMassachusetts Supreme Judicial Court · 1880
- Camp's Appeal from ProbateSupreme Court of Connecticut · 1869
- Hillebrant v. BrewerTexas Supreme Court · 1851
- Hill v. StevensonSupreme Judicial Court of Maine · 1873
- Russel v. BallNew York Supreme Court · 1806
4 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Whalen v. MilhollandCourt of Appeals of Maryland · 1899
- Simpkins v. Old Colony Trust Co.Massachusetts Supreme Judicial Court · 1926
- Birmingham Trust & Savings Co. v. CannonSupreme Court of Alabama · 1920
- Davis v. WachterSupreme Court of Alabama · 1932
- Pace v. PaceMississippi Supreme Court · 1914
11 more not listed; retrieve them via the Exa API.