First Nat. Bank v. Morgan

The trial in the circuit court was begun upon a count for money had and received and plea in short by consent. The tendencies of the testimony, so far as now material, were:

Plaintiff, John T. Morgan, borrowed from First National Bank of Gadsden, defendant, the sum of $50. To secure the loan plaintiff gave his note and a note on T. J. Griffin, payable to plaintiff, for $500, as collateral security. The collateral note was described in and attached to the note given by plaintiff. After the maturity of both notes, they were found in the possession of Griffin. On the theory that Griffin had paid…