Bank of Madrid v. Merchants' Nat. Bank
Alabama Court of Appeals
Appeal from Circuit Court, Houston County; H. A. Pearce, Judge. Assumpsit by the Merchants’ National Bank of Middletown, N. Y., against the Bank of Madrid. Judgment for plaintiff, and defendant appeals.
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Appeal from Circuit Court, Houston County; H. A. Pearce, Judge. Assumpsit by the Merchants’ National Bank of Middletown, N. Y., against the Bank of Madrid. Judgment for plaintiff, and defendant appeals. The facts made by the pleadings are that one James Keeney shipped to the Botts Prod-nee Company a lot oí onions valued at $324, bill of lading attached, and order notify, and that said Keeney deposited with the Merchants’ National Bank of Middletown, N. Y., a draft on the Botts Produce Company, with the hill of lading attached, and that the Merchants’ National Bank forwarded same to the Bank…
1Opinion of the CourtBrown, P. J.
The evidence adduced by the plaintiff tended to show that the draft drawn by Keeney on Botts Produce Company, in favor of plaintiff and payable to its order, with the bill of lading attached, and duly indorsed by Keeney, was forwarded to and received by the defendant the Bank of Madrid for collection, with instructions not to deliver the bill of lading except upon payment of the draft. The defendant’s evidence tended to show that the draft with bill of lading attached was not received by the defendant bank, and that it had no connection with the transaction. It was therefore plaintiff’s right…
2Cases cited10 opinions
- Cox v. StateSupreme Court of Alabama · 1909
- Mason v. HallSupreme Court of Alabama · 1857
- Hirschfelder v. MitchellSupreme Court of Alabama · 1875
- Hickman v. StateAlabama Court of Appeals · 1915
- Rice v. RiceSupreme Court of Alabama · 1894
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3Cited by1 opinion
- Madison v. StateAlabama Court of Appeals · 1932