Hendricks v. Jefferson County Savings Bank
Supreme Court of Alabama
Appeal from Birmingham City Court. Heard before Hon. Charles A. Senn. Action by J. G. Hendrix against Jefferson Oonnty Savings Bank. From tbe judgment for plaintiff for a nominal sum, he appeals. In tbe situation of tbis case, tbe defendant was the proper party to prove tbe indebtedness against tbe bankrupt estate and to receive all dividends that may be declared, tbe defendant being liable to plaintiff for the full amount of tbe check. — Trinidad Nat. Bk. v. Denver Nat.
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Appeal from Birmingham City Court. Heard before Hon. Charles A. Senn. Action by J. G. Hendrix against Jefferson Oonnty Savings Bank. From tbe judgment for plaintiff for a nominal sum, he appeals. In tbe situation of tbis case, tbe defendant was the proper party to prove tbe indebtedness against tbe bankrupt estate and to receive all dividends that may be declared, tbe defendant being liable to plaintiff for the full amount of tbe check. — Trinidad Nat. Bk. v. Denver Nat. Bk., 4 Dill. 290; Shipsey v. Boioery Nat. Bk., 59 N. Y. 485; Second Nat. Bk. v. Merchants’ Nat. Bk., (Ky.) 55 L. R. A. 273;…
1Opinion of the CourtSimpson, J.
— Suit by appellant against the appellee. The gravamen of the complaint is that on the 13th clay of May, 1901, the plaintiff deposited with the defendant for collection a check for $1,100 on the Shelby County Bank, at Montevallo, Ala.; that defendant failed to present the same and give notice of the failure of said bank to pay the same until after said bank had suspended payment because of insolvency; that the assets of the said Shelby County Bank had passed into the hands of a receiver in bankruptcy, and the assets “are insufficient to allow the plaintiff to collect therefrom the *639whole of…
2Cases cited6 opinions
- PRESIDENT AND DIRECTORS OF THE BANK OF WASHINGTON v. Triplett & NealeSupreme Court of the United States · 1828
- Jefferson County Savings Bank v. HendrixSupreme Court of Alabama · 1906
- Bank of Mobile v. HugginsSupreme Court of Alabama · 1841
- Allen v. SuydamNew York Supreme Court · 1837
- Commercial Bank v. Red River Valley National BankNorth Dakota Supreme Court · 1899
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Deal v. Atlantic Coast Line R. Co.Supreme Court of Alabama · 1932
- Marx Co. v. Bankers' Credit Life Ins. Co.Supreme Court of Alabama · 1931
- Jefferson County Building & Loan Ass'n v. Southern Bank & Trust Co.Supreme Court of Alabama · 1932
- Midwest National Bank & Trust Co. v. Parker Corn Co.Missouri Court of Appeals · 1922
- County Board of Education v. SlaughterSupreme Court of Alabama · 1935
3 more not listed; retrieve them via the Exa API.