Josiah Morris & Co. v. Alabama Carbon Co.
Supreme Court of Alabama
Appeal from tlie City Court of Montgomery. Tried before the Hon. A. D. Sayre. This ivas an action brought by the appellee, The Alabama Carbon Company, a corporation, against the appellant, Josiah Morris & Co., a partnership, to recover for money had and received.
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Appeal from tlie City Court of Montgomery. Tried before the Hon. A. D. Sayre. This ivas an action brought by the appellee, The Alabama Carbon Company, a corporation, against the appellant, Josiah Morris & Co., a partnership, to recover for money had and received. The cause was tried by the court without the intervention of a jury upon an agreed statement of facts, which was in substance as follows: On December 22, 1896, the plaintiff, The Alabama Carbon Company, drew a sight draft on Wood Brothers of Montgomery, Alabama, payable to the order of A. E. Baker, Cashier. A. E. Baker was the…
1Opinion of the Court
SHARPE, J. —
Plaintiff’s draft on Wood Brothers baying been drawn in favor of the casliier of the Commercial Bank of Selma merely for the purpose of enabling that bank to collect and apply the proceeds thereof to plaintiff’s credit did not have effect to divest plaintiff of its equitable ownership of the debt drawn for. That bank’s endorsement of the draft to defendants did not have such effect since, as shown by the letters of advice accompanying the drafts, it took the paper not as a purchaser but in the capacity of a. collecting agent for the forwarding bank. — Williams v. Jones, 77 Ala.…
2Cases cited6 opinions
- United States v. State BankSupreme Court of the United States · 1878
- Evansville Bank v. German-American BankSupreme Court of the United States · 1895
- Williams, Deacon & Co. v. JonesSupreme Court of Alabama · 1884
- Peoples Bank v. Jefferson County Savings BankSupreme Court of Alabama · 1894
- Millikin v. ShapleighSupreme Court of Missouri · 1865
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Fourth National Bank of Montgomery v. BraggSupreme Court of Virginia · 1920
- Eifel v. VeigelSupreme Court of Minnesota · 1926
- Stone River National Bank v. Lerman Milling Co.Alabama Court of Appeals · 1913
- Jefferson County Building & Loan Ass'n v. Southern Bank & Trust Co.Supreme Court of Alabama · 1932
- Alexander v. Birmingham Trust & Savings Co.Supreme Court of Alabama · 1921
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