Louisville Banking Co. v. Gray
Supreme Court of Alabama
Appeal from .the Circuit Court of Dallas. Tried before the Hon. John Moore. This action was brought by the appellant, the Louisville Banking Company, against C. Crozier Gray and George Gray, and counted upon a promissory note which ivas given by the defendants to the Commercial Bank of Seima, and .made payable at the Commercial Bank of Selma, on December 12, 1896, and Avkich note Avas indorsed by the said Commercial Bank, of Selma, and aauis alleged in the complaint to he…
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Appeal from .the Circuit Court of Dallas. Tried before the Hon. John Moore. This action was brought by the appellant, the Louisville Banking Company, against C. Crozier Gray and George Gray, and counted upon a promissory note which ivas given by the defendants to the Commercial Bank of Seima, and .made payable at the Commercial Bank of Selma, on December 12, 1896, and Avkich note Avas indorsed by the said Commercial Bank, of Selma, and aauis alleged in the complaint to he the property of the plaintiff. The defendants filed several pleas, in Avhich they set up payment of said note, and they…
1Opinion of the CourtTyson, J.
The single question presented for decision is whether the clause “and authorizes said bank to appropriate on this note, whether due or not, at any time, at its option, without notice or legal proceedings, any money which they or any one or more of them have jointly or severally in said bank on deposit or otherwise,” destroys the negotiability of the note. The note sued upon was a promise in writing to pay five hundred dollars to the Commercial Bank of Selma on the 12th day of December, 1896, “due Dec. 15, 1896, at the Commercial Bank of Selma, Ala.,” and endorsed by the bank .to the plaintiff.
2Cases cited2 opinions
- Hodges v. . ShulerNew York Court of Appeals · 1860
- Commercial Bank v. CrenshawSupreme Court of Alabama · 1893
3Cited by10 opinions
- Citizens Nat. Bank v. BuckheitAlabama Court of Appeals · 1916
- City National Bank v. AdamsMassachusetts Supreme Judicial Court · 1929
- Davies v. SimpsonSupreme Court of Alabama · 1918
- First National Bank v. SullivanWashington Supreme Court · 1911
- Sacred Heart Church Building Committee v. MansonSupreme Court of Alabama · 1919
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