First National Bank v. Sproull
Supreme Court of Alabama
Appeal from the City Court of Anniston. Tried before the Hon. James W. Lapsley. This suit was brought by the appellant, the first National Bank of Gadsden, against James C. Sproull, the appellee, for money had and received, seeking to recover one-half the amount received by the defendant from certain property sold by him, on which the plaintiff had a lien as assignee of a certain mortgage and the notes secured thereby.
Read the full summary
Appeal from the City Court of Anniston. Tried before the Hon. James W. Lapsley. This suit was brought by the appellant, the first National Bank of Gadsden, against James C. Sproull, the appellee, for money had and received, seeking to recover one-half the amount received by the defendant from certain property sold by him, on which the plaintiff had a lien as assignee of a certain mortgage and the notes secured thereby. The complaint contained a second count claiming the same amount of money as due by account. The evidence shows that in August, 1890, J. 0. Laney and F. E. Jackson were the…
1Opinion of the CourtHaralson, J.
1. The proof does not show the exact date when the Line and Wilson notes were transfered by Laney and Jackson, the payees, to the plaintiff ; but, it does show that they were transferred before their maturity, and that they were the property of the plaintiff and unpaid at the trial of the cause. They each bore the indorsement of the payees, waiving protest and guaranteeing prompt payment. The presumption is, that they were acquired on a valuable consideration. — 3 Brick. Dig. 91, § 130.
2. These notes were secured by the mortgage on the property sold, for which they were given as the purchase…
2Cases cited18 opinions
- Prout v. HogeSupreme Court of Alabama · 1876
- Welsh v. PhillipsSupreme Court of Alabama · 1875
- O'Neal v. SeixasSupreme Court of Alabama · 1887
- Ogle v. TurpinIllinois Supreme Court · 1881
- Gresham v. WareSupreme Court of Alabama · 1885
13 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- German-American National Bank v. LewisAlabama Court of Appeals · 1913
- Donahoo Horse & Mule Co. v. DurickSupreme Court of Alabama · 1915
- Arnett v. WilloughbySupreme Court of Alabama · 1914
- City Nat. Bank v. NelsonSupreme Court of Alabama · 1928
- Weinstein v. Citizens BankAlabama Court of Appeals · 1915
5 more not listed; retrieve them via the Exa API.