City National Bank v. Burns
Supreme Court of Alabama
Appeal from the City Court of Seim®. Tried before tbe Hon, JoN. Haralson. This was an action of assumpsit brought by tbe appellee against the appellant to recover the amount of a check drawn by Hudson, Kennedy & Co. in favor of the appellee, which, as be alleged, was deposited by him with the appellant on the .4th March, 1878. Tbe material facts touching tbe de-positare substantially stated in tbe opinion.
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Appeal from the City Court of Seim®. Tried before tbe Hon, JoN. Haralson. This was an action of assumpsit brought by tbe appellee against the appellant to recover the amount of a check drawn by Hudson, Kennedy & Co. in favor of the appellee, which, as be alleged, was deposited by him with the appellant on the .4th March, 1878. Tbe material facts touching tbe de-positare substantially stated in tbe opinion. It was insisted, however, that the appellee, at the time he presented the check, had knowledge of the insolvency of the drawers, and that, therefore, the presentation .of the check was a…
1Opinion of the Court
BRICK ELL, O. J.
The first and second instructions requested by the appellant affirm, as matter of law, that if the drawer, and payee and holder of a check are customers of the bank on which the check is drawn, the mere presentment of the check by the holder to the bank, and the noting or entry of it by the bank as a deposit on his bank-book, is not a payment; and if within a reasonable time the bank ascertains the check is an unauthorized over-draft, and offers to return it, there is no liability to the depositor. These instructions could have been properly refused, because they, in effect,…
2Cases cited4 opinions
- Oddie v. . the Nat. City Bank of New YorkNew York Court of Appeals · 1871
- Pratt v. . FooteNew York Court of Appeals · 1854
- Levy v. Bank of United StatesSupreme Court of the United States · 1802
- National Gold Bank & Trust Co. v. McDonaldCalifornia Supreme Court · 1875
3Cited by23 opinions
- Utah Construction Co. v. Western Pacific Railway Co.California Supreme Court · 1916
- Cohen v. First National Bank of NogalesArizona Supreme Court · 1921
- Wasson v. LambIndiana Supreme Court · 1889
- Montgomery County v. CochranCourt of Appeals for the Fifth Circuit · 1903
- Latham v. StateCourt of Criminal Appeals of Alabama · 1975
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