Manatee County State Bank v. Weatherly
Supreme Court of Alabama
Appeal from Birmingham City Court. Heard before the Hon. Wm. W. Wilkersón. The appellant here, nncler the contract set forth in the opinion, sued the Alabama National Bank for the value of three carloads of oranges alleged to have been shipped by McLane and Sims to Williams & Marks.
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Appeal from Birmingham City Court. Heard before the Hon. Wm. W. Wilkersón. The appellant here, nncler the contract set forth in the opinion, sued the Alabama National Bank for the value of three carloads of oranges alleged to have been shipped by McLane and Sims to Williams & Marks. The original suit against the bank was brought by James Weatherly, Esq., an attorney of the Birmingham Bar, in the city court of Birmingham, and the case resulted in a, judgment for the defendant, the Alabama National Bank. For reasons stated in letters to appellant, Weatherly failed to have the bill of exceptions…
1Opinion of the CourtDowdell, J.
This case was tried in the court below without a jury on an agreed statement of facts, by which the issue was determined on the construction of a contract of guaranty made by the Alabama National Bank of Birmingham to the Manatee County State Bank. The said contract of guaranty was as follows: “Birmingham, Ala., Nov. 27,1899. Manatee Co. State Bank, Palmetto, Fla. — Dear Sirs: We guarantee the payment of drafts for six cars of oranges at $2.25 per box, to be shipped by McLean & Sims to Williams & Marks or to W. & M. direct; provided each B. L. be accompanied by a certificate that oranges were…
2Cases cited4 opinions
- Miller v. StewartSupreme Court of the United States · 1824
- City Council v. HughesSupreme Court of Alabama · 1880
- Crescent Brewing Co. v. HandleySupreme Court of Alabama · 1890
- May v. Alabama National BankSupreme Court of Alabama · 1895
3Cited by12 opinions
- First National Bank v. Fidelity & Deposit Co.Supreme Court of Alabama · 1906
- Russell v. GarrettSupreme Court of Alabama · 1922
- Medley v. SouthTrust Bank of the Quad CitiesSupreme Court of Alabama · 1986
- Barnett v. DowdySupreme Court of Alabama · 1922
- Furst v. ShowsSupreme Court of Alabama · 1926
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