Marion Savings Bank v. Dunkin
Supreme Court of Alabama
Appeal from Circuit Court of Berry. Tried before Hon. Gr. H. Craig. The “ Marion Savings Bank,” an association organized under the provisions of the Code upon free banking, (Part 2, Title 1, Chap. 1, §§ 1644 et seq. as amended,) commenced this suit against the appellee to recover the amount of a bill of exchange, dated November 10th, 1873, drawn by him on and accepted by John Walthall, and payable to T. M. Walthall sixty days thereafter at the Marion Savings Bank, and by Mm…
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Appeal from Circuit Court of Berry. Tried before Hon. Gr. H. Craig. The “ Marion Savings Bank,” an association organized under the provisions of the Code upon free banking, (Part 2, Title 1, Chap. 1, §§ 1644 et seq. as amended,) commenced this suit against the appellee to recover the amount of a bill of exchange, dated November 10th, 1873, drawn by him on and accepted by John Walthall, and payable to T. M. Walthall sixty days thereafter at the Marion Savings Bank, and by Mm endorsed to plaintiff. . . Among other defenses set up, Dunkin pleaded that the Marion Savings Bank “ never was a…
1Opinion of the CourtStone, J.
In the case of the Pennsylvania Railroad Company v. Canal Commissioners, 21 Penn. State Rep. 22, Chief Justice Black, delivering the opinion of the court, said: “When the State means to clothe a corporate body with a portion of her own sovereignty, and to disarm herself to that extent of the powers that belong to her, it is so easy to say so that we will never believe it to be meant when it is not said.” Speaking further of the rule of construing powers of a corporation, he said: “In the construction of a charter, to be in doubt is to be resolved; and every resolution which springs Bom doubt…
2Cases cited7 opinions
- Mayor v. AllaireSupreme Court of Alabama · 1848
- Ex parte BurnettSupreme Court of Alabama · 1857
- City Council of Montgomery v. Montgomery & Wetumpka Plank-Road Co.Supreme Court of Alabama · 1857
- Saltmarsh v. P. & M. BankSupreme Court of Alabama · 1848
- Montgomery Rail Road v. HurstSupreme Court of Alabama · 1846
2 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Bond v. Terrell Cotton & Woolen Manufacturing Co.Texas Supreme Court · 1891
- First National Bank of Gadsden v. Winchester.Supreme Court of Alabama · 1898
- Miller v. Insurance CompanyTennessee Supreme Court · 1893
- Cahall v. Citizens Mutual Building Ass'nSupreme Court of Alabama · 1878
- Wilks v. Georgia Pacific RailroadSupreme Court of Alabama · 1885
13 more not listed; retrieve them via the Exa API.