McDonough v. Commercial State Bank
Alabama Court of Appeals
Appeal from Birmingham City Court. Heard before Hon. H. A. Sharpe. Assumpsit by the Commercial State Bank against J. R. McDonough. Judgment for plaintiff, and defendant appeals. Affirmed. The second plea was the statute of limitation for three years filed to the complaint, which counted for money loaned and upon an account stated.
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Appeal from Birmingham City Court. Heard before Hon. H. A. Sharpe. Assumpsit by the Commercial State Bank against J. R. McDonough. Judgment for plaintiff, and defendant appeals. Affirmed. The second plea was the statute of limitation for three years filed to the complaint, which counted for money loaned and upon an account stated. The fifth plea is as follows: That the transactions which furnished the basis of this action were had between East Altoona Coal Company and the Commercial State Bank, and that the basis of the action grows out of such transaction, and dealings had prior to January…
1Opinion of the Court
BROWN, J.(1) The plaintiff in the complaint as originally filed was styled “the Commercial Bank & Trust Company, a corporation,” and during the progress of the trial the complaint was amended by striking out the words “Bank & Trust Company,” and substituting therefor the words “State Bank;” so as that the plaintiff’s name as thus amended was the “Commercial State Bank, a corporation.” It was without controversy that the real corporate name of the plaintiff was stated in the complaint as amended, and that there was no such corporation as the Commercial Bank & Trust Company. The amendment was…
2Cases cited10 opinions
- Hackett v. CashSupreme Court of Alabama · 1916
- Savannah, Americus & Montgomery Railway v. BufordSupreme Court of Alabama · 1894
- King Land & Improvement Co. v. BowenAlabama Court of Appeals · 1913
- Decatur Light, P. & F. Co. v. NewsomSupreme Court of Alabama · 1912
- Mulligan v. StateAlabama Court of Appeals · 1916
5 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Shepherd v. ClementsSupreme Court of Alabama · 1931
- Benton Mercantile Co. v. Owensboro Wagon Co.Supreme Court of Alabama · 1921
- Van Landingham v. Alabama Great Southern R. Co.Supreme Court of Alabama · 1942
- Johnstone v. O'RearSupreme Court of Alabama · 1929
- Smalley v. Bank of AlbertvilleAlabama Court of Appeals · 1917
1 more not listed; retrieve them via the Exa API.