Greil v. Durr
Supreme Court of Alabama
Appeal from Circuit Court, Montgomery County; Leon McCord, Judge. Bill by John W. Durr, as executor, against Meyer L. Greil, F. M. Billing, and his wife, Sarah Billing, to enforce payment of promissory note and for other relief. Decree for complainant, and respondents appeal.
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Appeal from Circuit Court, Montgomery County; Leon McCord, Judge. Bill by John W. Durr, as executor, against Meyer L. Greil, F. M. Billing, and his wife, Sarah Billing, to enforce payment of promissory note and for other relief. Decree for complainant, and respondents appeal. The hill is filed by John W. Durr, as executor of the estate of J. W. Durr, Sr., against Meyer L. Greil, F. M. Billing, and his wife, Mrs. Sarah Billing, to enforce the payment of a promissory note executed by F. M. Billing to J. W. Durr, Sr., and A. A. Wiley, and claimed to be the property of the estate of J.W. Durr,…
1Opinion of the CourtSomerville, J.
[1] In handling the funds of the city of Montgomery the city treasurer was an agent of the city; and, although he was an insurer of their safety when he deposited them in the bank of Morris & Co. (Billing), and might personally hold the depositee to an accounting therefor, yet the city, as beneficial owner, also had the same right. In such a case the right of the city was paramount to the right of the agent, and the intervention of the city as claimant of the deposit account in the bankruptcy court superseded the right of the agent to prosecute a personal claim of his own. 2 Corp. Jur. 899,…
2Cases cited14 opinions
- Harris v. . ClarkNew York Court of Appeals · 1849
- Hall v. GordonSupreme Court of Alabama · 1914
- Lee v. WimberlySupreme Court of Alabama · 1893
- Huggins v. PerrineSupreme Court of Alabama · 1857
- Smith v. PittsSupreme Court of Alabama · 1910
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3Cited by1 opinion
- J. F. Morgan Paving Co. v. CarrollSupreme Court of Alabama · 1924