Anheuser-Busch Brewing Ass'n v. Clayton
Court of Appeals for the Fifth Circuit
Appeal from the Circuit Court of the United States for the Middle District of Alabama. In Equity. Bill by ihe Central Railroad & Banking Company against Ihe John McÑab Bank and John W. Tullis for a receiver of the bank. The Anheuser-Busch, Brewing Association intervened, and claimed the amount of a draft collected by the bank on intervener’s account, and asked that the same he paid to it by Henry D. Clayton, receiver of the bank.
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Appeal from the Circuit Court of the United States for the Middle District of Alabama. In Equity. Bill by ihe Central Railroad & Banking Company against Ihe John McÑab Bank and John W. Tullis for a receiver of the bank. The Anheuser-Busch, Brewing Association intervened, and claimed the amount of a draft collected by the bank on intervener’s account, and asked that the same he paid to it by Henry D. Clayton, receiver of the bank. The matter was referred to a master, who reported that, the intervener was a general creditor. From a decree confirming the masters report the intervener appeals.
1Opinion of the Court
TOTJLMIN, District Judge.
The appellant, a corporation, having its chief place of business in the city of St. Louis, Mo., on the 20th of March, 1891, drew its draft for the sum of #793.80, with exchange, on one P. II. Morris, who resided at Eufaula, Ala., and sent the draft to the McNab Bank for “collection and returns.” On the 26th of March, 1891, Morris paid the draft with his check on the McNab Bank. He had at that time about #3,000 to his credit as a depositor in said hank, and there was as much as $10,000 in cash in the vaults of the bank belonging to it. On the same day — the 26 th of…
2Cases cited4 opinions
- Alston v. StateSupreme Court of Alabama · 1890
- Wray v. Tuskegee InsuranceSupreme Court of Alabama · 1859
- Bank of Commerce v. RussellU.S. Circuit Court for the District of Western Missouri · 1873
- Goldsmith v. StetsonSupreme Court of Alabama · 1857
3Cited by27 opinions
- Jennings v. United States Fidelity & Guaranty Co.Supreme Court of the United States · 1935
- Larabee Flour Mills v. First Nat. Bank of HenryettaCourt of Appeals for the Eighth Circuit · 1926
- Citizens Bank v. Bradley, ExaminerSupreme Court of South Carolina · 1926
- Farmers' Nat. Bank of Burlington v. PribbleCourt of Appeals for the Eighth Circuit · 1926
- Mechanics & Metals Nat. Bank of New York v. BuchananCourt of Appeals for the Eighth Circuit · 1926
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