Commercial Casualty Ins. Co. v. Isbell Nat. Bank

In the case presented on the former appeal it appeared that the money, the proceeds of thé cheek, was at the commencement of the suit in the hands of the defendant bank, and on the case made by the pleadings, consisting of the common counts, special count in assumpsit, plea 11 and replication 4 thereto, it was held that “no reason appears why plaintiff should not recover.” Commercial Casualty Insurance Co. v. Isbell National Bank, 220 Ala. 179, 124 So. 413, 415.

Along with other facts, it was alleged in the special count “that at the time the said W. S. Gillam received said cheeks he was…