Bellinger v. Glenn, Brockway & Co.
Supreme Court of Alabama
Appeal from the Circuit Court of Etowah. Tried before Hon. James Aiken. This was an action for damages by Bellinger & Ralls, a mercantile firm of Gadsden, Ala., against Glenn, Brockway & Co., bankers ; and was commenced on 13th January, 1885. In the usual course of their business the defendants received, for collection, a draft, or bill of exchange, for a designated amount, drawn on the plaintiffs by the Ballard & Ballard Co., of Louisville, Ivy.
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Appeal from the Circuit Court of Etowah. Tried before Hon. James Aiken. This was an action for damages by Bellinger & Ralls, a mercantile firm of Gadsden, Ala., against Glenn, Brockway & Co., bankers ; and was commenced on 13th January, 1885. In the usual course of their business the defendants received, for collection, a draft, or bill of exchange, for a designated amount, drawn on the plaintiffs by the Ballard & Ballard Co., of Louisville, Ivy. Tbe draft was endorsed successively to the Kentucky National Bank of Louisville and the First National Bank of Nashville, and by the latter…
1Opinion of the CourtColopton, J.
To give a right of action for a tort, the act complained of must be wrong in itself, or become so by reason of the consequences which ensue. With whatever intent an act may be done, it can not be the foundation of an action, unless it constitutes a legal injury. “Whatever one has a right to do, another can have no right to complain of.” The waiver of protest and notice applied only to the drawers and endorsers. It conferred no right on the plaintiffs, who had not accepted the bill and were not parties to it, and imposed no duty on tbe defendants as to them. It is lawful for the holder of a…
2Cited by3 opinions
- Eslava v. JonesSupreme Court of Alabama · 1887
- Doyle v. First National BankSupreme Court of Alabama · 1901
- White v. KeithSupreme Court of Alabama · 1892