Stone River National Bank v. Lerman Milling Co.
Alabama Court of Appeals
Appeal from Limestone Circuit Court. Heard before Hon. D. W. Speake. Assumpsit by the Lerman Milling Company against J. R. Hale & Son, with garnishment to the Farmers & Merchants Bank of Athens, and claim by the Stones River National Bank to the funds .garnished. There was judgment for plaintiff condemning the fund, and claimant appeals.
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Appeal from Limestone Circuit Court. Heard before Hon. D. W. Speake. Assumpsit by the Lerman Milling Company against J. R. Hale & Son, with garnishment to the Farmers & Merchants Bank of Athens, and claim by the Stones River National Bank to the funds .garnished. There was judgment for plaintiff condemning the fund, and claimant appeals. The law is declared by this court in the case of Tishomingo Saving Inst. v. Johnson, Nesbitt & Go., 40 South. 503, settles this case and establishes claimant’s right to recover the money. A bill of lading stands for and represents the goods therein receipted…
1Opinion of the Court
PELHAM, J. —
When this case was first considered on the original submission, we were of the opinion that the holding of the Supreme Court in the case of Tishomingo Sav. Inst. v. Johnson, Nesbitt & Co., 40 South. 503, was conclusive of the question that the trial court was in error in sustaining the plaintiff’s demurrers to the claim propounded by the claimant,,, in the instant case, and we reversed the judgment of the lower court on that authority. Upon consideration of the case on application for rehearing, we have reached a different conclusion, and have set out the reasons governing us in…
2Cases cited5 opinions
- Cunningham & Son v. Baker, Peterson & Co.Supreme Court of Alabama · 1893
- Diamond Rubber Co. v. Fourth National BankSupreme Court of Alabama · 1911
- Alabama Grocery Co. v. 1st National BankSupreme Court of Alabama · 1908
- Roman v. DimmickSupreme Court of Alabama · 1898
- Josiah Morris & Co. v. Alabama Carbon Co.Supreme Court of Alabama · 1903
3Cited by9 opinions
- Fourth National Bank of Montgomery v. BraggSupreme Court of Virginia · 1920
- Lowrance Motor Co. v. First National Bank of AuburnCourt of Appeals for the Fifth Circuit · 1956
- Jefferson County Building & Loan Ass'n v. Southern Bank & Trust Co.Supreme Court of Alabama · 1932
- Alexander v. Birmingham Trust & Savings Co.Supreme Court of Alabama · 1921
- Dudley v. Phenix-Girard BankSupreme Court of Alabama · 1927
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