Morris v. Eufaula National Bank
Supreme Court of Alabama
Appeal from the Circuit Court of Barbour. Tried before the Hon Jesse M. Carmichael. The complaint as originally filed did not aver facts showing that the plaintiff had suffered any damage from the neglect of the defendant bank to present the check on the day it was given. The defendant demurred to the complaint upon this ground, which demurrer was sustained.
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Appeal from the Circuit Court of Barbour. Tried before the Hon Jesse M. Carmichael. The complaint as originally filed did not aver facts showing that the plaintiff had suffered any damage from the neglect of the defendant bank to present the check on the day it was given. The defendant demurred to the complaint upon this ground, which demurrer was sustained. Thereupon the complaint was amended, and as amended was as follows : “The plaintiff claims of the defendant five hundred dollars, as damages, for that whereas, to-wit, on March 30th, 1891, the defendant had in its possession for…
1Opinion of the CourtHaralson, J.
— 1. Of course, if the plaintiff suffered no damage from the failure of the collecting banlc,— the Eufaula National, — to present the check in time to the McNab Bank for payment on the day it was drawn, he had.no cause of action against the defendant. 2 Dan’l on Neg. Ins., § 1587 ; Boone on Banking, §§ 172, 181; Industrial Trust, Title & Sav. Co. v. Weakley, 103 Ala. 458. The first count fails to aver or show that the plaintiff suffered any damage from the neglect of the Eufaula Bank, and was, therefore, subject to the demurrer interposed.
2. The rule is well settled generally, in reference to…
2Cases cited4 opinions
- Smith v. . MillerNew York Court of Appeals · 1870
- Chouteau v. RowseSupreme Court of Missouri · 1874
- Industrial Trust, Title & Saving Co. v. WeakleySupreme Court of Alabama · 1893
- State ex rel. Clark v. GatesSupreme Court of Missouri · 1877
3Cited by8 opinions
- Jefferson County Savings Bank v. HendrixSupreme Court of Alabama · 1906
- Deal v. Atlantic Coast Line R. Co.Supreme Court of Alabama · 1932
- Marx Co. v. Bankers' Credit Life Ins. Co.Supreme Court of Alabama · 1931
- Sanitary Can Co. v. National Pickle & Canning Co.Supreme Court of Iowa · 1921
- Morris v. Eufaula National BankSupreme Court of Alabama · 1898
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