Peoples Bank v. Jefferson County Savings Bank
Supreme Court of Alabama
Appeal from tbe City Court of Birmingham. Tried before the Hon. W. W. Wilkerson. This was an action of assumpsit brought by the appellant, the Peoples Bank of Lewisburg, Tennessee, against the appellee, the Jefferson County Savings Bank, to recover the sum of $750, alleged to have been had ' and received by the defendant for the use of the plaintiff. The facts of the case are sufficiently stated in the opinion.
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Appeal from tbe City Court of Birmingham. Tried before the Hon. W. W. Wilkerson. This was an action of assumpsit brought by the appellant, the Peoples Bank of Lewisburg, Tennessee, against the appellee, the Jefferson County Savings Bank, to recover the sum of $750, alleged to have been had ' and received by the defendant for the use of the plaintiff. The facts of the case are sufficiently stated in the opinion. The cause was tried by the court without the intervention of a j ury, and upon the hearing of all the evidence, the court rendered judgment for the defendant. The plaintiff appeals,…
1Opinion of the CourtColeman, J.
— The appellant bank sued the defendant in assumpsit for money had and received. The evidence is without conflict, and we will state the facts, substantially, which gave rise to the demand. On the 17th day of March,. 1893, R A. Wilkes drew a check as follows :
“$750.00. Birmingham, Ala., March 17th, 1893.
“At sight pay to the order of Beatty & Orr seven hundred and fifty dollars, value received, and charge to the account of R. A. Wilkes.”
“To Tennessee Packing Co., Birmingham, Ala.” Written across the face of the draft was “Accepted, payable at Jefferson County Savings Bank, Birmingham, Ala.…
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