Kansas City, Memphis & Birmingham R. R. v. Ivy Leaf Coal Co.
Supreme Court of Alabama
Appeal from Jefferson Circuit Court. Tried before Hon. J. B. Head. cited Bank v. Miller, 77 Ala. 168; Bank v. Whitman, 94 U. S. 343 ; Hall v. Jamie. DeBaney Engine Co., 91 Ala. 363; Thomas v. Supervisors, 115 N. T. 52; Syracuse B. B. Co. v. Collins, 58 N. T. 641; 82 lb. 2; Morse on Banks, §§ 474, 475; Bank v. Merchant Nat. Bank, 91 N. T. 106; 86 lb. -404; 119 lb. 195; llonig v. Poe, Bank 15 Pac. Rep. 58; Randolph Com.
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Appeal from Jefferson Circuit Court. Tried before Hon. J. B. Head. cited Bank v. Miller, 77 Ala. 168; Bank v. Whitman, 94 U. S. 343 ; Hall v. Jamie. DeBaney Engine Co., 91 Ala. 363; Thomas v. Supervisors, 115 N. T. 52; Syracuse B. B. Co. v. Collins, 58 N. T. 641; 82 lb. 2; Morse on Banks, §§ 474, 475; Bank v. Merchant Nat. Bank, 91 N. T. 106; 86 lb. -404; 119 lb. 195; llonig v. Poe, Bank 15 Pac. Rep. 58; Randolph Com. Paper, section 386; Wheeler v. Me Quire, 86 Ala. 398; People v. Bank, 76 N. T. 560; and numerous other authorities, in support of the contention that the bank was bound to know…
1Opinion of the Court
STONE, O. J.
— An able and elaborate argument has been submitted for appellant in this case, but we think the true merit of the controversy may be reduced to a single, simple principle.
Each of the parties is a private corporation. The appellant, the railroad company, had a claim against the appellee for freight transported. The former did its banking business in Birmingham through the Eirst National Bank of that place; the latter through the Alabama National Bank of the same place. A custom or usage and agreement had grown up by which the Coal Company made weekly payments of its indebtedness…
2Cases cited2 opinions
- First Nat. Bank of Washington v. WhitmanSupreme Court of the United States · 1877
- National Commercial Bank v. Miller & Co.Supreme Court of Alabama · 1884
3Cited by9 opinions
- McFadden v. FollrathSupreme Court of Minnesota · 1911
- Merchants & Manufacturers Ass'n v. First National BankArizona Supreme Court · 1932
- Case v. KramerMontana Supreme Court · 1906
- Rudisill Soil Pipe Co. v. First Nat. Bank of AnnistonSupreme Court of Alabama · 1932
- Owens v. WoodAlabama Court of Appeals · 1966
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