Tennessee Valley Bank v. Avery & Sons
Alabama Court of Appeals
Appeal from Winston Circuit Court. Heard before Hon. Travis Williams, Special Judge. Action by tbe Tennessee Yalley Bank against tbe firm of S. M. Avery & Sons and its members. From a judgment, for defendants, plaintiff appeals. Tbe facts sufficiently appear from tbe opinion.
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Appeal from Winston Circuit Court. Heard before Hon. Travis Williams, Special Judge. Action by tbe Tennessee Yalley Bank against tbe firm of S. M. Avery & Sons and its members. From a judgment, for defendants, plaintiff appeals. Tbe facts sufficiently appear from tbe opinion. Tbe following charges were given at defendant’s request: “(23) If tbe jury believe from tbe evidence that tbe words Sons, by S. M. A.,’ was written on said note, after same bad been signed by S. M. Avery, and without bis knowledge or consent,- then you will find for defendants in this case as to any liability for tbe…
1Opinion of the Court
PELHAM, J. —
The appellees were customers of the banking institution conducted by appellant at Haley-*366ville, Ala., and during the course of business between tbe parties, S. M. Avery went to tbe bank to pay tbe balance due tbe bank on a partnership note of S. M. Avery & Sons and to get a draft cashed for $250 drawn on a company at St. Louis, Mo. Tbe manager or cashier of tbe bank paid to Mr. Avery tbe money called for by tbe draft, and marked tbe note of Avery & Sons held by tbe bank paid and surrendered it to Avery without having retained from tbe proceeds of tbe draft, or otherwise received,…
2Cases cited6 opinions
- Gulf Red Cedar Co. v. CrenshawSupreme Court of Alabama · 1910
- Mobile Electric Co. v. SangesSupreme Court of Alabama · 1910
- Bank of Guntersville v. WebbSupreme Court of Alabama · 1895
- Gaston v. Marengo Improvement Co.Supreme Court of Alabama · 1903
- Lay v. Postal Telegraph Cable Co.Supreme Court of Alabama · 1911
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