Stanley v. Green
Supreme Court of Alabama
Appeal from Circuit Court, Chilton County ; B. K. McMorris, Judge. Petition by J. J. Stanley against D. E. Green, as Superintendent of Banks, for an order requiring such superintendent, to pay petitioner, as a depositor who had not stipulated for interest. Erom a decree sustaining demurrers to the petition, petitioner appeals.
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Appeal from Circuit Court, Chilton County ; B. K. McMorris, Judge. Petition by J. J. Stanley against D. E. Green, as Superintendent of Banks, for an order requiring such superintendent, to pay petitioner, as a depositor who had not stipulated for interest. Erom a decree sustaining demurrers to the petition, petitioner appeals. A bank in a failing condition has no authority to pay a check drawn by a depositor in anything except money, and the New York exchange drawn in this case not having been paid, the check was never paid, and Stanley 6 Co. were thereupon restored to their original position…
1Opinion of the CourtThomas, J.
A bill, in equity, against the superintendent of banks, to compel payment to a depositor who has not stipulated for interest.
A bank in failing condition may not, on its own' motion, pay in exchange a depositor’s cheek drawn against it for moneys on deposit ■and subject to check, when by reason of its insolvency at the time of the issue- of the exchange the bank had reason to believe the exchange would not be paid. It not being paid on due presentment, the payee demanding and being paid by the drawer of the check after dishonor of the exchange issued in lieu thereof, such nonpayment of the…
2Cases cited7 opinions
- Lummus Cotton Gin Co. v. WalkerSupreme Court of Alabama · 1916
- Jefferson County Savings Bank v. HendrixSupreme Court of Alabama · 1906
- Walker v. SellersSupreme Court of Alabama · 1918
- Lowenstein & Bros. v. BreslerSupreme Court of Alabama · 1895
- Watt v. Gans & Co.Supreme Court of Alabama · 1896
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3Cited by11 opinions
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- Glenn v. City of BirminghamSupreme Court of Alabama · 1931
- Marx Co. v. Bankers' Credit Life Ins. Co.Supreme Court of Alabama · 1931
- Wadsworth v. StateSupreme Court of Alabama · 1932
- Chapman v. Tyler CountyCourt of Appeals of Texas · 1924
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