Marx Co. v. Bankers' Credit Life Ins. Co.

The opinion in our case of Stanley v. Green, 205 Ala. 225, 87 So. 356, we think, is clear to the effect that under the eircumstanc-. es there disclosed the check of the depositor had not been paid. As affecting the one question of whether the check was paid, the facts of that case are the same in material respects as those of this one. We think that the opinion is well supported, and we have no disposition to depart from it, nor does it need further discussion.

So on the facts stated in counts 3 and 4 and shown in the evidence, we feel justified in the position that the check which this…