First National Bank v. Moragne
Supreme Court of Alabama
Appeal from the City Court of Gadsen. Tried before the Hon. John II. Disque. This was an action brought by the ifppellee against the appellant. 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 all the evidence the court rendered judgment for the plaintiff. The defendant appeals, and assigns as error the rendition of judgment in favor of the plaintiff.
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Appeal from the City Court of Gadsen. Tried before the Hon. John II. Disque. This was an action brought by the ifppellee against the appellant. 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 all the evidence the court rendered judgment for the plaintiff. The defendant appeals, and assigns as error the rendition of judgment in favor of the plaintiff. The question in' this case is simply this: Can the payee of a check whose endorsement has been forged or made without authority, and when…
1Opinion of the CourtMcCLELLAN, C. J.
This is an action by Mrs. Moragne against the bank for money had and received to (be use of the plaintiff. The hank cashed a check drawn on it and to her order for $2,800 and put the money to the cream of -I. B. Moragne, the payee’s husband who afterwards (becked if out in payment of his own debts or for other purposes of his own. The check was presented to the bank by J. B. M-oragne. When presented it had not been endorsed by Mrs. Moragne. The cashier called J. B. Moragne’s attention to this and he thereupon, professing to have authority to endorse the paper for and in the name of his wife,…
2Cases cited2 opinions
- Hollingsworth v. HillSupreme Court of Alabama · 1896
- Moragne v. RexingerSupreme Court of Alabama · 1898
3Cited by7 opinions
- Lester v. JacobsSupreme Court of Alabama · 1925
- Hall v. GordonSupreme Court of Alabama · 1914
- Van Derslice v. Merchants' BankSupreme Court of Alabama · 1925
- Sample v. GuyerSupreme Court of Alabama · 1904
- Mohr v. GriffinSupreme Court of Alabama · 1902
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