Renfro Bros. v. Merchants & Mechanics' Bank
Supreme Court of Alabama
Appeal from the Circuit Court of Lee. Tried before the Hon. Jesse M. Carmichael. This action was brought by the Merchants & Mechanics’ Bank, against Renfro Brothers as partners, and was founded on a certificate of deposit, issued by the defendants as bankers, which is copied in the opinion of the court.
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Appeal from the Circuit Court of Lee. Tried before the Hon. Jesse M. Carmichael. This action was brought by the Merchants & Mechanics’ Bank, against Renfro Brothers as partners, and was founded on a certificate of deposit, issued by the defendants as bankers, which is copied in the opinion of the court. The defendants pleaded the general issue, payment and set-off; and though demurrers were interposed to the second and third pleas, the judgment-entry only recites that the cause was tried on issue joined. On the trial, the plaintiff excepted to a charge given by the court, as to the legal…
1Opinion of the CourtClopton, J.
The action is brought by appellee, on a certificate of deposit in the following form:
“Certificate of deposit. Benero Bros., Bankers,
Opelika, Ala., August 6th, 1884.
“ T. E. Bagland has deposited in this bank one hundred dollars, payable to the order of self, on return of this certificate properly indorsed;” which was signed, “Benero Bros.”
The court charged the jury, that the paper sued on is negotiable, and governed by the law-merchant, and was neither subject to set-off by the makers, nor liable to garnishment at the instance of a creditor of the depositor, in the hands of the transferree for…
2Cases cited5 opinions
- Henry Miller, in Error v. David Austen, William S. Wilmerding, and David Austen, Jr.Supreme Court of the United States · 1852
- Hunt v. DivineIllinois Supreme Court · 1865
- Drake v. MarkleIndiana Supreme Court · 1863
- Tharp v. StateSupreme Court of Alabama · 1849
- Crossan v. MayIndiana Supreme Court · 1879
3Cited by9 opinions
- State v. HillNebraska Supreme Court · 1896
- Hicks v. MeadowsSupreme Court of Alabama · 1915
- Elmore County Bank v. AvantSupreme Court of Alabama · 1914
- Taylor v. HutchinsonSupreme Court of Alabama · 1905
- Clark v. YoungSupreme Court of Alabama · 1944
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