First National Bank v. Allen
Supreme Court of Alabama
Appeal from tbe Circuit Court of Jefferson. Tried before tbe Hon. James B. Head. Appellee, B. M. Allen, sued tbe First National Bank of Birmingham, to recover a certain sum of money, wbicb plaintiff claimed* be bad deposited in tbe said bank, and wbicb be alleged tbe bank bad paid out on forged checks. Tbe complaint contained three counts.
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Appeal from tbe Circuit Court of Jefferson. Tried before tbe Hon. James B. Head. Appellee, B. M. Allen, sued tbe First National Bank of Birmingham, to recover a certain sum of money, wbicb plaintiff claimed* be bad deposited in tbe said bank, and wbicb be alleged tbe bank bad paid out on forged checks. Tbe complaint contained three counts. Tbe first claimed $500 due by account; the second, $500, due by stated account ; and tbe third claimed $500, as money deposited with tbe defendant by plaintiff payable to bis order. Tbe cause of action was based on alleged forged checks, wbicb tbe defendant…
1Opinion of the CourtColeman, J.
The plaintiff, Allen, a depositor sued to recover money which had been paid by the defendant bank upon checks to which plaintiff’s name had been forged, by his clerk Tomlin. The forgeries covered a period extending from about the 5th of September, 1890, to March 4th, 1891, at which latter point of time the forgeries were first actually known to the depositor. It was a rule of the bank about once a month, to post up the depositor’s pass book and render him a statement, showing the deposits and checks and the balance. This rule was observed regularly in this case, and the forged checks, with…
2Cases cited8 opinions
- Leather Manufacturers' Bank v. MorganSupreme Court of the United States · 1886
- Shipman v. Bank of New YorkNew York Court of Appeals · 1891
- Sage v. . City of BrooklynNew York Court of Appeals · 1882
- Welsh v. . German American BankNew York Court of Appeals · 1878
- Weinstein v. National Bank of JeffersonTexas Supreme Court · 1887
3 more not listed; retrieve them via the Exa API.
3Cited by44 opinions
- Critten v. Chemical National BankNew York Court of Appeals · 1902
- Hall & Brown Woodworking Machine Co. v. Haley Furniture & Mfg. Co.Supreme Court of Alabama · 1911
- Basch v. Bank of Am. Nat'l Tr. & Sav. Ass'nCalifornia Supreme Court · 1943
- First Nat. Bank of Philadelphia v. FarrellCourt of Appeals for the Third Circuit · 1921
- Tatum v. Commercial Bank & Trust Co.Supreme Court of Alabama · 1915
39 more not listed; retrieve them via the Exa API.