Alexander v. Birmingham Trust & Savings Co.
Supreme Court of Alabama
Appeal from Circuit Court, Jefferson County; Romain Boyd, Judge. Action by F. G. Alexander against the Fisher Flour Milling Company, with garnishment in aid of suit to the Birmingham Trust & Savings Company. From a judgment discharging the garnishee, the plaintiff appeals.
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Appeal from Circuit Court, Jefferson County; Romain Boyd, Judge. Action by F. G. Alexander against the Fisher Flour Milling Company, with garnishment in aid of suit to the Birmingham Trust & Savings Company. From a judgment discharging the garnishee, the plaintiff appeals. The following is the certificate of deposit: Deposited in the First National Bank, Subject to Conditions Below, by Fisher Flouring Mills Co. Seattle, Wash., March 15, 1917. In receiving checks or other items on deposit payable elsewhere than in Seattle, this bank assumes no reponsibility for the failure of any of its direct…
1Opinion of the CourtGardner, J.
Appellant sued out an attachment against the Fisher Flouring Mills Company (hereinafter referred to as the Fisher Company), a nonresident corporation, and had the same executed by service of garnishment upon the Birmingham Trust & Savings Company, and sought to subject to the satisfaction of his claim the proceeds of a certain draft drawn by said Fisher Company on Hopson & Sons, payable to the First National Bank of Seattle. The draft so drawn was for the purchase price of a car of flour sold by the Fisher Company to Hopson & Son, to be shipped to Macon, Ga., and was deposited by the former…
2Cases cited12 opinions
- Cotton Mills v. Weil.Supreme Court of North Carolina · 1901
- Eufaula Grocery Co. v. Missouri National BankSupreme Court of Alabama · 1897
- Cosmos Cotton Co. v. 1st National BankSupreme Court of Alabama · 1911
- White v. SimpsonSupreme Court of Alabama · 1894
- Ely v. BlackerSupreme Court of Alabama · 1895
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3Cited by7 opinions
- Lowrance Motor Co. v. First National Bank of AuburnCourt of Appeals for the Fifth Circuit · 1956
- Jefferson County Building & Loan Ass'n v. Southern Bank & Trust Co.Supreme Court of Alabama · 1932
- Florida Power & Light Co. v. NewsomSupreme Court of Florida · 1933
- Colorado Nat. Bank v. Western Grain Co.Supreme Court of Alabama · 1928
- Andrews v. First Nat. Bank of TampaSupreme Court of Florida · 1934
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