Jefferson County Savings Bank v. Interstate Savings Bank
Alabama Court of Appeals
Appear from Jefferson Circuit Court. Heard before Hon. E. C. Crowe.. Assumpsit by the Interstate Savings Bank against tlie Jefferson County Savings Bank. Judgment- for plaintiff, and defendant- appeals.
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Appear from Jefferson Circuit Court. Heard before Hon. E. C. Crowe.. Assumpsit by the Interstate Savings Bank against tlie Jefferson County Savings Bank. Judgment- for plaintiff, and defendant- appeals. The complaint was as follows: Count 3. “Plaintiff claims of the defendant the further sum of $400, due on a foreign bill of. exchange drawn by it, the said defendant, in the city of Birmingham, Ala.., on the 10th day of July, 1900, on the National Bank of Commerce in the city and state of New York, for the payment of $400, to a person claiming himself to be C. B. Rowland, payable to the order…
1Opinion of the Court
WALKER, P. J. —
The third and fourth counts of the complaint were subject to the demurrers interposed to them. It did not appear from the allegations of either of those- counts that the bill of exchange sued on had been indorsed by its payee, nor that the plaintiff was its legal holder or owner. — Code, §§ 4985, 1986.
The court was in error in striking the defendant’s third and fourth pleas. These were sworn pleas denying the indorsement of the bill of exchange sued on by the payee thereof and the ownership of that paper by the plaintiff. These issues were properly raised by special pleas under…
2Cases cited6 opinions
- Wefel v. StillmanSupreme Court of Alabama · 1907
- Manning v. MaroneySupreme Court of Alabama · 1888
- Mann Lumber Co. v. Bailey Iron WorksSupreme Court of Alabama · 1908
- Paige v. BroadfootSupreme Court of Alabama · 1892
- Anniston Pipe Works v. Mary Pratt Furnace Co.Supreme Court of Alabama · 1891
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Palmetto Bank & Trust Co. v. GrimsleySupreme Court of South Carolina · 1926
- Capitol Hill State Bank v. Rawlins National BankWyoming Supreme Court · 1916
- First National Bank v. EdwardsSupreme Court of South Carolina · 1926