Harmon v. Dothan Nat. Bank
Supreme Court of Alabama
Appeal from Houston Circuit Court. Heard before Hon. H. A. Pearce. Trover and assumpsit by Rush Harmon against the Dotban National Bank. Judgment for defendant, and plaintiff appeals. The original complaint was in trover for the conversion of certain personal property alleged to belong to plaintiff, and claiming the sum of $2,000 as damages. A count was added by way of amendment for that sum had and received by defendant for use of plaintiff.
Read the full summary
Appeal from Houston Circuit Court. Heard before Hon. H. A. Pearce. Trover and assumpsit by Rush Harmon against the Dotban National Bank. Judgment for defendant, and plaintiff appeals. The original complaint was in trover for the conversion of certain personal property alleged to belong to plaintiff, and claiming the sum of $2,000 as damages. A count was added by way of amendment for that sum had and received by defendant for use of plaintiff. The evidence showed, without dispute, that plaintiff executed to defendant a mortgage on February 1, 1909, by which he granted, bargained, sold, and…
1Dissent
MAYFIELD, J.—
(dissenting). — If the decision in this case is correct, then all must concede that the law as to mortgages cries loudly for statutory relief. If a bank can lend a customer $1,300, and take a mortgage of $3.200 worth of lands and $2,000 worth of personalty, and then buy the whole of this mortgaged property from itself for less than one-half the amount of the loan, and hold all of this property and the balance of the debt against the mortgagor, and he has no remedy, then there is certainly a crying need for a change in the law of mortgages.
I am persuaded that the law does not…
2Cases cited23 opinions
- Sessions v. RomadkaSupreme Court of the United States · 1892
- First National Bank of Jacksboro v. LasaterSupreme Court of the United States · 1905
- Sparhawk v. YerkesSupreme Court of the United States · 1891
- American File Co. v. GarrettSupreme Court of the United States · 1884
- Clark v. ClarkSupreme Court of the United States · 1855
18 more not listed; retrieve them via the Exa API.