First Nat. Bank v. Stewart
Supreme Court of Alabama
Appeal from Circuit Court, Madison County; Robert C. Brickell, Judge. Action by Lucy Stewart against the First National Bank of Huntsville for damages for failing or refusing to pay a check when she had funds on deposit. From a judgment for plaintiff, defendant appeals.
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Appeal from Circuit Court, Madison County; Robert C. Brickell, Judge. Action by Lucy Stewart against the First National Bank of Huntsville for damages for failing or refusing to pay a check when she had funds on deposit. From a judgment for plaintiff, defendant appeals. Transferred from Court of Appeals under Acts 1911, p. 450, § 6. ■ Charge 1, given at plaintiff’s request, is as follows: (1) If you are reasonably satisfied from the evidence in this case that the conduct of the teller of the defendant bank was characterized by a reckless indifference as to the probable consequence of his act…
1Opinion of the CourtSayre, J.
Appellee sued appellant for damages, alleging that appellant had refused to pay appellee’s check for the sum of $10, notwithstanding appellee at the time had funds to that amount on deposit with appellant and subject to her check. In the complaint upon which the case was submitted to the jury there was no allegation of special damages. As originally framed, several counts contained an allegation that the effect of defendant’s statement that plaintiff had no account at the bank, made when payment was refused, was to charge that plaintiff had obtained the goods, for which the check had been…
2Cases cited14 opinions
- Wilkinson v. MoseleySupreme Court of Alabama · 1850
- Patterson v. Marine N. BankSupreme Court of Pennsylvania · 1889
- Coleman v. PepperSupreme Court of Alabama · 1909
- Wiley v. Bunker Hill National BankMassachusetts Supreme Judicial Court · 1903
- Age-Herald Publishing Co. v. WatermanSupreme Court of Alabama · 1913
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3Cited by17 opinions
- Weaver v. Bank of America National Trust & Savings Ass'nCalifornia Supreme Court · 1963
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- Kelite Products, Inc., and R. C. Martin v. Alvin J. Binzel, Jr., Trading as Kelite Products of AlabamaCourt of Appeals for the Fifth Circuit · 1955
- Marigold Coal, Incorporated v. ThamesSupreme Court of Alabama · 1962
- Woody v. . BankSupreme Court of North Carolina · 1927
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