Bank of Mobile v. Meagher & Co.
Supreme Court of Alabama
Appeal from the City Court of Mobile. Tried before the Hon. Ales. MoKinstry. This action was brought by T. & J. M. Meagher, suing as partners, against the president, directors and company of the Bank of Mobile, to recover the value of certain bank-notes, which were destroyed by the burning of the steamboat Orline St. John in March, 1850. The complaint was as follows: “The plaintiffs claim of the defendant the sum of $1400, duo on fourteen bills, commonly called bank-bills,…
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Appeal from the City Court of Mobile. Tried before the Hon. Ales. MoKinstry. This action was brought by T. & J. M. Meagher, suing as partners, against the president, directors and company of the Bank of Mobile, to recover the value of certain bank-notes, which were destroyed by the burning of the steamboat Orline St. John in March, 1850. The complaint was as follows: “The plaintiffs claim of the defendant the sum of $1400, duo on fourteen bills, commonly called bank-bills, made and issued by the defendant, each being for the sum of $100 ; which said bills wore the property of the plaintiffs,…
1Opinion of the Court
A. J. WALKER, C. J.—
One of the questions arising in this case is, whether section 2151 of the Code, which provides a remedy on certain instruments lost or destroyed, abrogates any pre-existing remedy. Our old statute, enacted in 1828, (Clay’s Digest, 382, § 9,) was not so essentially different from the latter statute as to afford any reason for a different decision of the question above stated under those two acts. It was decided by this court, that the act of 1828 “ must be regarded as furnishing a cumulative remedy, and not as repealing or annulling all others, which were previously…
2Cases cited9 opinions
- Tayloe v. RiggsSupreme Court of the United States · 1828
- United States v. BrittonU.S. Circuit Court for the District of Massachusetts · 1822
- Duramus v. HarrisonSupreme Court of Alabama · 1855
- Posey v. Decatur BankSupreme Court of Alabama · 1848
- Bank of the United States v. SillSupreme Court of Connecticut · 1823
4 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Lewis v. StateCourt of Criminal Appeals of Texas · 1910
- Morrison v. StevensonSupreme Court of Alabama · 1881
- Wood Dickerson Supply Co. v. CocciolaSupreme Court of Alabama · 1907