Bank of Mobile v. Huggins
Supreme Court of Alabama
Writ of error to the Circuit Court of Mobile county. / ACTION of assumpsit. The first count of the declaration is on a special contract, between the Bank of Mobile and Blair and Vedder, by which the Bank, in consideration that Blair and Vedder would deposit in its custody a certain note, then running to maturity, made by one Roberts, and endorsed by one Mayrant, and also by Blair and Vedder, who owned it, promised and undertook, that the Bank would cause the note tO'he_…
Read the full summary
Writ of error to the Circuit Court of Mobile county. / ACTION of assumpsit. The first count of the declaration is on a special contract, between the Bank of Mobile and Blair and Vedder, by which the Bank, in consideration that Blair and Vedder would deposit in its custody a certain note, then running to maturity, made by one Roberts, and endorsed by one Mayrant, and also by Blair and Vedder, who owned it, promised and undertook, that the Bank would cause the note tO'he_ presented for payment, and demand the same at the place where it-vvas made payable, on the day provided for payment, and, in…
1Opinion of the CourtGoldthwaite, J.
1. As the demurrer is a general one to the whole declaration, according to the established course of practice, it can be sustained only in the event, that all of the several counts ar-e defective ; or unless there is a mis-joinder of actions. Pettigrew v. Pettigrew, 1 Stewart, 580. A critical examination into the correctness of the special counts, is unnecessary, because, if these were admitted to be defective, the result would not be varied, so far as regard is had to the judgment on the demurrer, inasmuch as the common counts, against which no objection is made, are sufficient to sustain…
2Cases cited10 opinions
- Smedes v. President of Bank of UticaNew York Supreme Court · 1823
- St. John v. O'ConnelSupreme Court of Alabama · 1838
- Lane v. JacksonMassachusetts Supreme Judicial Court · 1809
- McKinster v. Bank of UticaNew York Supreme Court · 1832
- Tex. & Pac. R'y Co. v. MitchellCourt of Appeals of Texas · 1884
5 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Chamberlain v. GaillardSupreme Court of Alabama · 1855
- Jefferson County Savings Bank v. HendrixSupreme Court of Alabama · 1906
- Continental National Bank v. Discount & Deposit State BankIndiana Supreme Court · 1927
- Bagby v. HarrisSupreme Court of Alabama · 1846
- Hendricks v. Jefferson County Savings BankSupreme Court of Alabama · 1907
11 more not listed; retrieve them via the Exa API.