Legal Opinion

Harris v. American Building & Loan Ass'n

Supreme Court of Alabama

Decided November 15, 1898PublishedCited by 13 opinions

Appeal from the Chancery Court of Colbert. Heard before the Hon. William H. Simpson. The following state of facts is shown by the record on this appeal: On September 12, 1887, Harvey H. Brumbach and Susan H. Brumbach, his wife, became indebted, nominally, to one James R. Crowej in the sum of four thousand dollars, for which they executed their note, payable to his order, ninety days after date, at the First National Bank of Sheffield, Ala., and to secure its payment executed…

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Appeal from the Chancery Court of Colbert. Heard before the Hon. William H. Simpson. The following state of facts is shown by the record on this appeal: On September 12, 1887, Harvey H. Brumbach and Susan H. Brumbach, his wife, became indebted, nominally, to one James R. Crowej in the sum of four thousand dollars, for which they executed their note, payable to his order, ninety days after date, at the First National Bank of Sheffield, Ala., and to secure its payment executed a mortgage to the payee on seven lots in the city of Sheffield, on two of which was situated a hotel building, with…

1Opinion of the CourtHaralson, J.

— We may waive consideration of all other questions presented in this record, except the one, that complainant is estopped to claim any rights as growing out of the Orowe mortgage to II. H. Brumbacli.

It was shown that (J. D. Woodson was the president of the Sheffield hank at the time Brumbacli made application to the defendant for the loan and that T. L. Benlmm was its cashier. It also appears, that the defendant had in Sheffield at the time a local board of appraisers, one of whom Avas the said Benham; that he Avith others having the application of said Brumbacli for the loan to the…

2Cases cited3 opinions

  1. Chapman v. HamiltonSupreme Court of Alabama · 1851
  2. Birmingham Trust & Savings Co. v. Louisiana National BankSupreme Court of Alabama · 1892
  3. Ashurst v. AshurstSupreme Court of Alabama · 1898

3Cited by13 opinions

  1. Carmine v. BowenCourt of Appeals of Maryland · 1906
  2. London & Lancashire Indemnity Co. of America v. Fairbanks Steam Shovel Co.Ohio Supreme Court · 1925
  3. Burleson v. MaysSupreme Court of Alabama · 1914
  4. Winter-Loeb Grocery Co. v. Mutual Warehouse Co.Alabama Court of Appeals · 1912
  5. Saginaw Medicine Co. v. BateyMichigan Supreme Court · 1914

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