Birmingham National Bank v. Bradley
Supreme Court of Alabama
Appeal from the Circuit Court of Jefferson. Tried before the Hon. J. J. Banks. This was an action brought by the Birmingham National Bank against the appellee,.John G. Bradley, to recover money paid by the plaintiff to the defendant upon a check, which had been raised from two dollars to four thousand dollars ; and was commenced on May 20, 1892. On account of the prolixity of the pleadings, there will only be set out in this statement those on which issue was joined, and…
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Appeal from the Circuit Court of Jefferson. Tried before the Hon. J. J. Banks. This was an action brought by the Birmingham National Bank against the appellee,.John G. Bradley, to recover money paid by the plaintiff to the defendant upon a check, which had been raised from two dollars to four thousand dollars ; and was commenced on May 20, 1892. On account of the prolixity of the pleadings, there will only be set out in this statement those on which issue was joined, and those to which the rulings of the circuit court were adverse to the appellant. The complaint contained six counts. As…
1Opinion of the CourtOoleman, J.
This was an action brought by the plaintiff bank to recover money paid to the defendant Bradley, upon a check. We think the pleadings unnecessarily prolix, and tended to hide the real issue involved in the case. The facts upon which the plaintiff relied, for a recovery may be summarized as follows : On the 23d of February, 1892, The Gate City National Bank, of Atlanta, Ga., drew a check payable to the order of James Fix for the sum of two dollars on the National Park Bank of New York. After this check was issued, without the knowledge or consent of the drawer, the name of the payee was…
2Cases cited2 opinions
- Young & Son v. Lehman, Durr & Co.Supreme Court of Alabama · 1879
- Carpenter v. Northborough National BankMassachusetts Supreme Judicial Court · 1877
3Cited by9 opinions
- Wyatt v. StateSupreme Court of Alabama · 1952
- Birmingham Nat. Bank v. BradleySupreme Court of Alabama · 1895
- Kennedy v. HudsonSupreme Court of Alabama · 1931
- First National Bank of Pukwana v. Brule National Bank of ChamberlainSouth Dakota Supreme Court · 1917
- Alabama National Bank v. RiversSupreme Court of Alabama · 1896
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