Legal Opinion · Dissent

City Nat. Bank v. Nelson

Supreme Court of Alabama

Decided March 29, 1928No. 8 Div. 1Published

1Dissent

A majority of the court hold that the purchaser of a negotiable warehouse receipt, under the Uniform Warehouse Receipts Act (Code 1923, §§ 10505-10564; Uniform Laws Annotated, vol. 3), is not protected against a landlord's lien for rent in any case where he has knowledge of facts which would put a prudent man on inquiry, and which, if followed up, would disclose to him the existence of the lien.

This, of course, is the common-law rule applicable to purchasers of property in general, including nonnegotiable instruments. Lomax v. Le Grand, 60 Ala. 537; Scaife v. Stovall,67 Ala. 237; Townsend v.…

2Cases cited29 opinions

  1. Cheever v. Pittsburgh, Shenango & Lake Erie RailroadNew York Court of Appeals · 1896
  2. Commercial National Bank v. Canal-Louisiana Bank & Trust Co.Supreme Court of the United States · 1916
  3. Herbert v. HanrickSupreme Court of Alabama · 1849
  4. Taylor v. Agricultural & Mechanical Ass'nSupreme Court of Alabama · 1880
  5. Alabama State Bank v. BarnesSupreme Court of Alabama · 1886

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