Loval v. Wolf
Supreme Court of Alabama
Appeal from Perry Circuit Court. Heard before Hon. B. M. Miller. Action by Otto Wolf against the Planters’ & Merchants’ Bank, in which W. S. Loval, as trustee in bankruptcy of Knight, Yancey & Co., was made a party defendant. From the judgment, the trustee appeals.
Read the full summary
Appeal from Perry Circuit Court. Heard before Hon. B. M. Miller. Action by Otto Wolf against the Planters’ & Merchants’ Bank, in which W. S. Loval, as trustee in bankruptcy of Knight, Yancey & Co., was made a party defendant. From the judgment, the trustee appeals. The bank answered, disclaiming any interest in the money sued for, deposited the same in court, and suggested W. S. Loval, as trustee of the estate of Knight, Yancey & Co., bankrupts, as a claimant of the money, setting up that he was not a party to the plea, and that he claimed the money without collusion. Said Loval was made a…
1Opinion
*518ON REHEARING.
It is insisted upon rehearing that the holding in this case that, if there was error in admitting plaintiff’s evidence as to custom, it was error without injury because of a certain charge given at the claimant’s request, is unsound, and we are cited to certain cases, hereinafter noted, as being contrary to the present holding. As said in the original opinion, this evidence tended only to establish an implied loan or conditional surrender of the cotton receipts, and this question could have had no bearing upon the existence vel non of an express loan, which the charge instructed…
2Cases cited6 opinions
- Alabama Consolidated Coal & Iron Co. v. HealdSupreme Court of Alabama · 1908
- Pace v. Louisville & Nashville RailroadSupreme Court of Alabama · 1910
- Alexander v. Ala. Wes. R. R.Supreme Court of Alabama · 1912
- Harbour v. StateSupreme Court of Alabama · 1903
- Stevenson & Herzfeld v. WhatleySupreme Court of Alabama · 1909
1 more not listed; retrieve them via the Exa API.