Industrial Trust, Title & Saving Co. v. Weakley
Supreme Court of Alabama
Appeal from the District Court of Lauderdale. Tried before the Hon. W. P. Chitwood. This suit was brought on-December 10, 1891, by the appellant, the Industrial Trust, Title & Savings Company, against the appellee, John B. Weakley, Jr., and counted upon a check, which had been drawn by the defendant on the Florence National Bank, in favor of one W. J. Nelson.
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Appeal from the District Court of Lauderdale. Tried before the Hon. W. P. Chitwood. This suit was brought on-December 10, 1891, by the appellant, the Industrial Trust, Title & Savings Company, against the appellee, John B. Weakley, Jr., and counted upon a check, which had been drawn by the defendant on the Florence National Bank, in favor of one W. J. Nelson. The facts of the case are set forth at length in the opinion. . The plaintiff requested the court to give to the jury the following written charges: (1.) “If the jury believe the evidence, they must find for the plaintiff.” (2.) “If the…
1Opinion of the CourtHabalson, J.
1. A bank check is payable immediately on presentation and demand. Its drawing pre7 supposes the deposit of a sum in bank to the credit of the drawer, sufficient to pay it, and amounts to an absolute appropriation by the drawer of that much money, in the hands of his banker, to the holder of the check, to remain on deposit, so appropriated, until called for, and it can not, afterwards,-be properly withdrawn.— Tiedeman on Com’l. Paper, § 433; 3 Kent’s Com. 104, n.; 2 Daniel on Neg. Instr., § 1597; Morse on Banks & Banking, § 373; In the Matter of Brown, 2 Story, C. C. B. 511-518; Conroy v.…
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