Farmers' Bank & Trust Co. v. Shut & Keihn
Supreme Court of Alabama
Appeal from Mobile Law and Equity Court. Heard before Hon. Saffold Berney. Action by the Farmers’ Bank & Trust Company against Shut & Keihn. .Tndement for defendant, and plaintiff appeals.. The following is the draft drawn by Schaffer directed by the court to be set out: $1319 72/xx Scuilpa, Ala., 12/20, 1912. At sight, with B/L attached for 236 poplar, logs branded (S & K), pay to the order of J. W. Lee thirteen hundred and nineteen 72/xx dollars.
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Appeal from Mobile Law and Equity Court. Heard before Hon. Saffold Berney. Action by the Farmers’ Bank & Trust Company against Shut & Keihn. .Tndement for defendant, and plaintiff appeals.. The following is the draft drawn by Schaffer directed by the court to be set out: $1319 72/xx Scuilpa, Ala., 12/20, 1912. At sight, with B/L attached for 236 poplar, logs branded (S & K), pay to the order of J. W. Lee thirteen hundred and nineteen 72/xx dollars. No. 2229-to 2464 To Shut & Keihn, Inc. 1018 Hennen Bldg. New Orleans, La. [Signed] E. D. Schafer. Indorsed by J. W. Lee.
1Opinion of the CourtGardner, J.
Suit by appellant against appellee. The complaint, as originally framed, contained three counts seeking recovery upon a bill of exchange, and was amended by adding common counts for money had and received and open account.
It seemed to be conceded by counsel in briefs that the material facts of the ease are without substantial conflict. The record, we think clearly establishes the following: On or about September 4, 1912, defendant advanced for one J. W. Lee the purchase money, to wit, $2,974.43, for certain standing timber, took Lee’s note for said sum, payable to the defendant’s order on…
2Cases cited6 opinions
- Huckabee v. MaySupreme Court of Alabama · 1848
- Barnett v. Warren & Co.Supreme Court of Alabama · 1886
- Potts v. First National BankSupreme Court of Alabama · 1893
- Levinshon v. EdwardsSupreme Court of Alabama · 1885
- Hudson v. ScottSupreme Court of Alabama · 1899
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3Cited by35 opinions
- Allen v. M. Mendelsohn & SonSupreme Court of Alabama · 1922
- Morton v. National BankSupreme Court of Alabama · 1954
- Ex Parte MortonSupreme Court of Alabama · 1954
- Hamilton v. WatsonSupreme Court of Alabama · 1927
- A. Paul Goodall Real Estate & Ins. v. North Birmingham American BankSupreme Court of Alabama · 1932
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