Branch of the Bank v. Knox & Co.
Supreme Court of Alabama
Writ of error to the Circuit Court of Montgomery County. ACTION of assumpsit, for not collecting a bill of exchange. The declaration states that the Bank undertook the collection of the bill, and to make the necessary demand of payment at the time and place when and where the same was due. The breach assigned is, that the Bank omitted to present it for payment, whereby the amount was'wholly lost to the plaintiffs. Demurrer to the declaration.
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Writ of error to the Circuit Court of Montgomery County. ACTION of assumpsit, for not collecting a bill of exchange. The declaration states that the Bank undertook the collection of the bill, and to make the necessary demand of payment at the time and place when and where the same was due. The breach assigned is, that the Bank omitted to present it for payment, whereby the amount was'wholly lost to the plaintiffs. Demurrer to the declaration. This was overruled; and the Bank then pleaded non-assumpsit; on which issue a verdict was found, and judgment rendered for the plaintiffs. At the trial…
1Opinion of the CourtGoldthwaite, J.
— 1. We will not stop, at this time, to examine how far it is consistent with the rules of law, to allow a corporation to discharge itself from the consequences of a breach of a contract lawful in itself, and in no wise prohibited, under the allegation of a want of capacity to enter into the engagement. This is a most important question; but it does not necessarily arise in this case, if the contract disclosed in the declaration is warranted by the charter of the Bank, and this we think will be apparent, on a very brief examination.
The Bank is specially authorized to receive moneys on…
2Cited by2 opinions
- Capitol State Bank v. LaneMississippi Supreme Court · 1876
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