Legal Opinion

Martin v. Branch Bank at Decatur

Supreme Court of Alabama

Decided June 15, 1857PublishedCited by 16 opinions

Appeal from tbe Chancery Court at Bellefonte. Heard before tlie Hon. A. J. Walker. This bill was filed by the Branch Bank at Decatur, seeking to enforce an implied trust, against Daniel M. Martin, in the proceeds of a certain note executed by A. C. Austin, payable to William G-. Martin, and by him endorsed to said Daniel M. Martin, who was the brother of said William Martin.

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Appeal from tbe Chancery Court at Bellefonte. Heard before tlie Hon. A. J. Walker. This bill was filed by the Branch Bank at Decatur, seeking to enforce an implied trust, against Daniel M. Martin, in the proceeds of a certain note executed by A. C. Austin, payable to William G-. Martin, and by him endorsed to said Daniel M. Martin, who was the brother of said William Martin. The consideration of this note was the purchase by said Austin of a stock of goods from Henry T. Davis & Co., at whose request it was made payable to said William Martin, and by whom it was placed in the hands of said…

1Opinion of the CourtBice, C. J.

— By the decree of the chancellor, the complainant was held entitled to recover from the respondent the several sums which he had collected upon the note executed by A. C. Austin to William Martin, and transferred by said William to the respondent. We shall confine ourselves to an examination of the correctness of that decree. Looking only to those allegations of the bill which are either proved or virtually admitted, the right of the complainant rests upon the following facts: In 1837, Henry T. Davis & Co., as principals, and William Martin and certain other persons, not parties to this…

2Cases cited2 opinions

  1. Johnson v. JohnsonSupreme Court of Alabama · 1843
  2. Tarleton v. Goldthwaite's HeirsSupreme Court of Alabama · 1853

3Cited by16 opinions

  1. Van Antwerp v. Van AntwerpSupreme Court of Alabama · 1941
  2. Kennedy v. BakerTexas Supreme Court · 1883
  3. Mutual Building & Loan Ass'n v. WatsonSupreme Court of Alabama · 1933
  4. Paulling v. Creagh's AdministratorsSupreme Court of Alabama · 1875
  5. Underhill v. Mobile Fire Department InsuranceSupreme Court of Alabama · 1880

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