Legal Opinion

Morris v. 1st National Bank

Supreme Court of Alabama

Decided May 20, 1909PublishedCited by 11 opinions

‘Appeal from Geneva Circuit Court, Heard before Hon. A. A. Pearce. Action by tbe First National Bank of Samson against J. J. Morris and W. T. Edge, late partners composing the firm of Samson Live Stock Company. Judgment for plaintiff, and defendants appeal. The action was on account and for money loaned. The pleas-were non assumpsit, nil debet, and set-off. The Samson Live Stock Company was a firm, composed of J. J. Morris and W. T. Edge.

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‘Appeal from Geneva Circuit Court, Heard before Hon. A. A. Pearce. Action by tbe First National Bank of Samson against J. J. Morris and W. T. Edge, late partners composing the firm of Samson Live Stock Company. Judgment for plaintiff, and defendants appeal. The action was on account and for money loaned. The pleas-were non assumpsit, nil debet, and set-off. The Samson Live Stock Company was a firm, composed of J. J. Morris and W. T. Edge. Griggs was the cashier and bookkeeper of the Samson- Live Stock Company during its existence, and is also assistant cashier and bookkeeper of the bank. J.…

1Opinion of the CourtAnderson, J.

The checks were drawn for the Samson Lire Stock Company, a firm composed of Morris and Edge, by Griggs, the bookkeeper of said firm, and who was also assistant cashier of the plaintiff bank, and upon the order and direction of one of the partners, Edge. It was therefore immaterial as to the instructions given Griggs by Morris, as between the firm and third persons, as Edge had as much authority to direct the bookkeeper as his copartner, Morris, and, when the checks were drawn upon the direction of one of the partners and were paid by the bank, they became a valid claim against the firm and…

2Cases cited3 opinions

  1. Central of Georgia Railway Co. v. JosephSupreme Court of Alabama · 1899
  2. Traders' Insurance v. LetcherSupreme Court of Alabama · 1904
  3. Patterson v. IrvinSupreme Court of Alabama · 1904

3Cited by11 opinions

  1. Girard Fire Marine Ins. Co. v. GunnSupreme Court of Alabama · 1930
  2. Burnwell Coal Co. v. SetzerSupreme Court of Alabama · 1919
  3. Florence v. CarrSupreme Court of Alabama · 1933
  4. Lawrence v. Tennessee Valley BankSupreme Court of Alabama · 1932
  5. National Union Fire Ins. Co. v. MorganSupreme Court of Alabama · 1936

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