Eufaula Grocery Co. v. Missouri National Bank
Supreme Court of Alabama
Appeal from the Circuit Court of Barbour. Tried before the Hon. John B. Tyson. The appellant, the Eufaula Grocery Company, a corporation, brought the present suit against the apellee, the Missouri National Bank, to recover for money had and received. As ancillary to the suit, the plaintiff; sued out a writ of garnishment, which was served upon the Eufauia National Bank. The cause was tried on the plea of the general issue.
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Appeal from the Circuit Court of Barbour. Tried before the Hon. John B. Tyson. The appellant, the Eufaula Grocery Company, a corporation, brought the present suit against the apellee, the Missouri National Bank, to recover for money had and received. As ancillary to the suit, the plaintiff; sued out a writ of garnishment, which was served upon the Eufauia National Bank. The cause was tried on the plea of the general issue. On the trial of the cause, the plaintiff introduced evidence tending to show that on July 30, 1895, it purchased a car load of hay from J. A. Brubaker & Co. of Kansas City,…
1Opinion of the CourtHead, J.
It is a principle maintained by many of tbe courts, that when tbe OAvner of a security deposits it, for collection, in a bank located remotely from tbe place of payment, be thereby impliedly gives tbe bank authority to employ another reputable bank, located at or near the place of payment, to make the collection; and, in such case, tbe collecting bank becomes tbe agent of the owner, and tbe receiving bank rests under no liability to tbe owner, unless and until tbe money comes actually to its bands. Losses, in respect of collection, resulting from tbe defaults or failures of tbe collecting *413bank…
2Cases cited4 opinions
- Fowler v. . Bowery Savings BankNew York Court of Appeals · 1889
- Guelich v. National State BankSupreme Court of Iowa · 1881
- Cook v. CookSupreme Court of Alabama · 1856
- Curry v. ShelbySupreme Court of Alabama · 1890
3Cited by17 opinions
- Gauss v. KirkCourt of Appeals for the D.C. Circuit · 1952
- German-American National Bank v. LewisAlabama Court of Appeals · 1913
- Pacific Mut. Life Ins. Co. v. HayesSupreme Court of Alabama · 1919
- Cosmos Cotton Co. v. 1st National BankSupreme Court of Alabama · 1911
- Haas & Co. v. Citizens BankSupreme Court of Alabama · 1905
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