Huntington v. Branch Bank at Mobile
Supreme Court of Alabama
Error to the County Court of Mobile county. THIS was a proceeding by motion, in the Court below, by the Bank, against the plaintiffs in error, upon a note payable to Andrew Armstrong, or bearer, and upon issue joined, the plaintiff obtained a verdict and judgment.
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Error to the County Court of Mobile county. THIS was a proceeding by motion, in the Court below, by the Bank, against the plaintiffs in error, upon a note payable to Andrew Armstrong, or bearer, and upon issue joined, the plaintiff obtained a verdict and judgment. From a bill of exceptions taken pending the trial, it appears that the defendants proved that the note sued on, was executed by them in blank, upon the representation, that it was to be used in the extension of the debt of a Mrs. Nancy Lee, and that other persons were mentioned as names which would be obtained on the same paper;…
1Opinion of the CourtOrmond, J.
Upon the questions of law, arising out of the bill of exceptions, it is impossible we think, to distinguish this case from the case of Herbert v. Huie, 1 Ala. Rep. 18. The counsel for the plaintiffin error, concedes, that if the note in this case, had been filled up by Lea & Langdon, to whom it was intrusted, and the Bank had acquired an interest in it, without a knowledge of the fact, that they had violated the trust reposed in them by the plaintiffs in error, that the Bank could recover; but as the Bank had knowledge that the note was in blank,it was bound to inquire into the authority of…
2Cases cited1 opinion
- Herbert v. HuieSupreme Court of Alabama · 1840
3Cited by6 opinions
- Vander Ploeg v. Van ZuukSupreme Court of Iowa · 1907
- Thompson v. Bank of ChatsworthCourt of Appeals of Georgia · 1923
- Harrel v. Hide & Leather National BankCourt of Appeals of Texas · 1894
- Bronson v. StetsonMichigan Supreme Court · 1930
- Decatur Bank v. SpenceSupreme Court of Alabama · 1846
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