Legal Opinion

Kansas City, Memphis & Birmingham R. R. v. Ivy Leaf Coal Co.

Supreme Court of Alabama

Decided July 1, 1892PublishedCited by 9 opinions

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

  1. First Nat. Bank of Washington v. WhitmanSupreme Court of the United States · 1877
  2. National Commercial Bank v. Miller & Co.Supreme Court of Alabama · 1884

3Cited by9 opinions

  1. McFadden v. FollrathSupreme Court of Minnesota · 1911
  2. Merchants & Manufacturers Ass'n v. First National BankArizona Supreme Court · 1932
  3. Case v. KramerMontana Supreme Court · 1906
  4. Rudisill Soil Pipe Co. v. First Nat. Bank of AnnistonSupreme Court of Alabama · 1932
  5. Owens v. WoodAlabama Court of Appeals · 1966

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