Jefferson County Savings Bank v. Hendrix
Supreme Court of Alabama
Tried before the I-Ion. Chas. A. Senn. Appeal from Birmingham City Court. This was an action by the appellee against the appellant for failure to present a check deposited for collection and for failure to give notice of its dishonor. ' The complaint consisted of eight counts, the first four being- the common counts.
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Tried before the I-Ion. Chas. A. Senn. Appeal from Birmingham City Court. This was an action by the appellee against the appellant for failure to present a check deposited for collection and for failure to give notice of its dishonor. ' The complaint consisted of eight counts, the first four being- the common counts. The fifth count alleged, a deposit of the amount sued for by plaintiff with the defendant, and that “plaintiff demanded of defendant the payment of said sum,” which was refused. The sixth count alleged that plaintiff deposited a check with the defendant for collection; that the…
1Opinion of the Court
MoGLELLAN, O. J.
Neither the deposit of a check with a bank for collection, nor the entry on its books of the amount of the check as a deposit of money in favor of the owner of the check, nor yet the negligence of such bank in and about the collection of the check from tlm drawee bank whereby there is a failure to collect it, no-' all these facts combined makes such (‘heck the property of the collecting bank, nor the owner of the. check a depositor of the money entered to his credit, in such sense as gives him a right of. action for money had and received, or otherwise, for the amount of the…
2Cases cited5 opinions
- Sahlien v. BankTennessee Supreme Court · 1891
- Farmers' Bank & Trust Co. v. NewlandCourt of Appeals of Kentucky · 1895
- Bank of Mobile v. HugginsSupreme Court of Alabama · 1841
- Watt v. Gans & Co.Supreme Court of Alabama · 1896
- Morris v. Eufaula National BankSupreme Court of Alabama · 1894
3Cited by29 opinions
- Farmers & Merchants Bank of Reedsville v. Kingwood National BankWest Virginia Supreme Court · 1920
- Winchester Milling Co. v. Bank of WinchesterTennessee Supreme Court · 1907
- Morris-Miller Co. v. Von PressentinWashington Supreme Court · 1911
- Security Savings & Trust Co. v. KingOregon Supreme Court · 1914
- Leach v. Citizens' St. Bank of ArthurSupreme Court of Iowa · 1926
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