Branch Bank at Montgomery v. Sydnor
Supreme Court of Alabama
Error to the Circuit Court of Montgomery. Assumpsit by the defendant against the plaintiff in error. It appears by a bill of exceptions that the plaintiff below, as the agent of McCargo, sold certain lands to Tod Robinson, taking from him two promissory notes payable to himself as agent of McCargo, each for $>G66 33, which notes were indorsed by William Robinson.
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Error to the Circuit Court of Montgomery. Assumpsit by the defendant against the plaintiff in error. It appears by a bill of exceptions that the plaintiff below, as the agent of McCargo, sold certain lands to Tod Robinson, taking from him two promissory notes payable to himself as agent of McCargo, each for $>G66 33, which notes were indorsed by William Robinson. These notes the plaintiff put in the hands of one Alanson Hardy for collection, taking from him a receipt, by which he promised to collect the notes and account for the money or return the notes, either to the plaintiff or McCargo.…
1Opinion of the CourtOrmond, J.
— The only question presented upon the record is, whether the action can be maintained by the agent upon an implied promise. It is clear that .the. Bank has no title to the money, which belongs to MeCargo, and it is not shown that the agent has any interest in it, or that he is in any way liable to the plaintiff for it; nor is there any privity of contract between the Bank and the agent, the former having obtained the note on which the money was collected, not from the agent, but from an attorney to whom the agent entrusted it for collection. Under these circumstances we are of the opinion…
2Cited by4 opinions
- Allen v. M. Mendelsohn & SonSupreme Court of Alabama · 1922
- Goodman v. WalkerSupreme Court of Alabama · 1857
- Moore v. HendersonSupreme Court of Alabama · 1850
- Chenault's Administrators v. WalkerSupreme Court of Alabama · 1853