O'Barr v. Turner
Alabama Court of Appeals
Appeal from Circuit Court, St. Clair County; J. E. Blackwood, Judge. Action by G. E. O’Barr and others against I*. W. Turner and others, the Mitchell Mountain Coal & Iron Company, garnishee, the American Trust & Savings Bank, assignee, claimant. Judgment for claimant, and plaintiffs appeal. This is the second appeal in this case. See American Trust & Savings Bank v. O’Barr, 12 Ala.
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Appeal from Circuit Court, St. Clair County; J. E. Blackwood, Judge. Action by G. E. O’Barr and others against I*. W. Turner and others, the Mitchell Mountain Coal & Iron Company, garnishee, the American Trust & Savings Bank, assignee, claimant. Judgment for claimant, and plaintiffs appeal. This is the second appeal in this case. See American Trust & Savings Bank v. O’Barr, 12 Ala. App. 546, 67 South. 794. As the facts presented in this record are in some respects different from what they were in the first appeal, for the purpose of disposing of the questions now presented we restate them.…
1Opinion of the Court
BROWN,'J.
[1] From the foregoing statement of facts taken from the record, it is clear that in each instance money was advanced by the claimant to the defendant; the defendant gave his note payable to the claimant for the amount advanced, containing a clause usual in notes where collaterals are pledged, referring to and describing the assignment in question, which was in each instance attached to the note when it was executed and delivered. In other words, each loan constituted a separate and distinct transaction, in which the note and assignment constituted the contract between the parties,…
2Cases cited25 opinions
- United States v. ThrockmortonSupreme Court of the United States · 1878
- South & North Alabama Railroad v. Henlein & BarrSupreme Court of Alabama · 1876
- Coleman & Carroll v. Hatcher & BrannonSupreme Court of Alabama · 1884
- Hancock v. Franklin InsuranceMassachusetts Supreme Judicial Court · 1873
- Liddell v. ChidesterSupreme Court of Alabama · 1887
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3Cited by13 opinions
- Ex Parte State Mutual Ins. Co.Supreme Court of Alabama · 1997
- Dill v. BlakeneySupreme Court of Alabama · 1990
- Shawnee Terminal Railroad v. J.E. Estes Wood Co.Supreme Court of Alabama · 2010
- First Nat. Bank v. MurphreeSupreme Court of Alabama · 1928
- Langham v. GrayCourt of Appeals of Texas · 1920
8 more not listed; retrieve them via the Exa API.