Green v. McCord
Supreme Court of Alabama
Appeal from Circuit Court, Coosa County; E¡. J. Garrison, Judge. Assumpsit by D. F. Green, as Superintend-ant of Banks, liquidating the Farmers’ & Merchants’ Bank of Goodwater, against Z. D. McCord. Judgment for defendant, and plaintiff appeals.
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Appeal from Circuit Court, Coosa County; E¡. J. Garrison, Judge. Assumpsit by D. F. Green, as Superintend-ant of Banks, liquidating the Farmers’ & Merchants’ Bank of Goodwater, against Z. D. McCord. Judgment for defendant, and plaintiff appeals. The action is upon certain promissory notes, executed by the defendant, and payable on demand to the Farmers’ & Merchants’ Bank of Goodwater, aggregating with interest and attorney’s fees something more than $1,500. The action was filed March 7, 1918, and it is alleged that defendant had failed to pay, or had refused to pay, a note on demand. The…
1Opinion of the CourtSomerville, J.
In the ease of Oates v. Smith, 176 Ala. 39, 57 South. 438, it was held that a debtor of an insolvent state bank cannot set off against his debt a claim acquired by him subsequent to the initiation of the receivership. Whether that doctrine would be applicable tea case where, though the debtor’s right of action on his cross-claim accrued after the receivership began, it was nevertheless founded upon a contractual obligation imposing a contingent liability, which antedated the receivership, we need not now determine.
[1] So far as -the present case is concerned, in the absence of appropriate…
2Cases cited4 opinions
- Oates v. SmithSupreme Court of Alabama · 1912
- Jeffries v. CastlemanSupreme Court of Alabama · 1883
- Riley v. StallworthSupreme Court of Alabama · 1876
- Green v. McCordSupreme Court of Alabama · 1920
3Cited by6 opinions
- Chapman v. MooneyCourt of Appeals of Texas · 1924
- Stanley v. GreenSupreme Court of Alabama · 1920
- Woodlawn Federal Savings & Loan Ass'n v. WilliamsSupreme Court of Alabama · 1939
- Chapman v. Tyler CountyCourt of Appeals of Texas · 1924
- Jackson v. Chemical Nat. BankSupreme Court of Alabama · 1927
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