Nixon State Bank v. First State Bank
Supreme Court of Alabama
Appeal from Jackson Chancery Court. Heard before Hon. W. H. Simpson. The First State Bank of Bridgeport was declared insolvent on a proceeding by the Attorney G-eneral and a receiver was appointed. Pending these proceedings the Nixon State Bank intervened for the collection of the amount of a note owned by it which had been collected by the First State Bank and not remitted.
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Appeal from Jackson Chancery Court. Heard before Hon. W. H. Simpson. The First State Bank of Bridgeport was declared insolvent on a proceeding by the Attorney G-eneral and a receiver was appointed. Pending these proceedings the Nixon State Bank intervened for the collection of the amount of a note owned by it which had been collected by the First State Bank and not remitted. From a decree adjudging that the claim of the intervening petitioner be allowed as a common claim against the respondent corporation, the same to be pal d ratably with other claims, the petitioner appeals. The court…
1Opinion of the CourtMoCLELLAN, J.
The main cause out of which the particular controversy arises is the administration, invoked by the Attorney General under Code, § 3500, of the assets and affairs of an insolvent state bank, viz., the First State Bank of Bridgeport, Ala. On May 1, 1910, the Nixon State Bank of Nixon, Tex., appellant, sent, by mail, to the said First State Bank, “for collection,” a purchase-money note for $820 owned by it, given by T. C. Talley and wife to John F. Cooper, falling due May 11, 1910. On the day of its maturity Talley gave the First State Bank a check for $820, drawn by Blake on Wrenne & Co.,…
2Cases cited2 opinions
- Bank of Florence v. United States Savings & Loan Co.Supreme Court of Alabama · 1893
- Hutchinson v. National Bank of CommerceSupreme Court of Alabama · 1906
3Cited by17 opinions
- Evans v. EvansSupreme Court of Alabama · 1917
- Oppenheim v. City of FlorenceSupreme Court of Alabama · 1934
- Lummus Cotton Gin Co. v. WalkerSupreme Court of Alabama · 1916
- Ex Parte MortonSupreme Court of Alabama · 1954
- Hanover Nat. Bank of New York v. ThomasSupreme Court of Alabama · 1928
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