First Nat. Bank of Abbeville v. Capps
Supreme Court of Alabama
Appeal from Circuit Court, Henry County; H. A. Pearce, Judge. Action by J. T. Capps, as executor, against tbe-First National Bank of Abbeville. From a judgment for plaintiff, defendant appeals. .Suit by appellee as executor of tbe estate of M. V. Capps, deceased, against tbe Hirst National Bank of Abbeville, to recover a sum of money deposited in said bank by M. Y. Capps to bis individual credit.
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Appeal from Circuit Court, Henry County; H. A. Pearce, Judge. Action by J. T. Capps, as executor, against tbe-First National Bank of Abbeville. From a judgment for plaintiff, defendant appeals. .Suit by appellee as executor of tbe estate of M. V. Capps, deceased, against tbe Hirst National Bank of Abbeville, to recover a sum of money deposited in said bank by M. Y. Capps to bis individual credit. M. V. Capps was a member of a partnership doing business under tbe firm name of Pioneer Peanut Oil Company. Among other defenses, tbe defendant interposed a plea of set-off as follows: “For further…
1Opinion of the CourtGardner, J.
The sole question argued by counsel for appellant upon this appeal relates to the ruling of the court in sustaining the demurrer to the defendant’s plea of set-off, which appears in the statement of the case. The only question therefore to be here determined is whether or not the bank may set off against the individual claim of M. V. Capps, deceased, the indebtedness to the bank by the partnership, Pioneer Peanut Oil Company, of which said M. V. Capps was a member.
[1-3] It is well understood, and of course conceded, that, in the absence of statutory provision to the contrary, partnership…
2Cases cited21 opinions
- Fancher Bros. & Co. v. Bibb Furnace Co.Supreme Court of Alabama · 1887
- Cannon v. LindseySupreme Court of Alabama · 1887
- Duramus v. HarrisonSupreme Court of Alabama · 1855
- Eyrich v. Capital State BankMississippi Supreme Court · 1889
- Wilson v. Exchange BankSupreme Court of Georgia · 1905
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3Cited by21 opinions
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- Patterson v. B.F. Goodrich Employees Federal Credit Union (In Re Patterson)United States Bankruptcy Court, N.D. Alabama · 1990
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