Storey v. Union Bank
Supreme Court of Alabama
Appeal from the Circuit Court of Talladega. Tried before the Hon. JoHN Gill Shouter. This action was brought by the Bank of Brunswick, (now the Union Bank,) a corporation chartered in Georgia, against Alonzo G. Storey ; and was founded on a bill of exchange for $5,000, drawn By Allen Elston on Slough, Elston & Co., of Mobile, dated the 15th February, 1852, payable ten months after date, to the order of J. D. Elston, aud endorsed by said J. I). Elston, W. L. Elston, Alonzo G.…
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Appeal from the Circuit Court of Talladega. Tried before the Hon. JoHN Gill Shouter. This action was brought by the Bank of Brunswick, (now the Union Bank,) a corporation chartered in Georgia, against Alonzo G. Storey ; and was founded on a bill of exchange for $5,000, drawn By Allen Elston on Slough, Elston & Co., of Mobile, dated the 15th February, 1852, payable ten months after date, to the order of J. D. Elston, aud endorsed by said J. I). Elston, W. L. Elston, Alonzo G. Storey, and J. S. "Winter & Co. The complaint contained the common money counts; and the only plea was the general…
1Opinion of the CourtR. In. Walker, J.
The'faet sought to be established bj' the opinions of the witnesses Huey and Thomason was, that it was more profitable to borrow money and discount on private account than to act as an agent for a bank. The relevancy of this fact is, to say the least of it, open to grave question. To what ("if any) weight it would be entitled, in determining the question whether J. S. Winter & Co. were acting as agents for the bank, or on their individual account, would depend materially on many other facts of which no mention is made in the record. It might require more means and better credit to borrow…
2Cases cited1 opinion
- Donnell v. JonesSupreme Court of Alabama · 1848
3Cited by2 opinions
- Crommelin v. RaoullSupreme Court of Alabama · 1910
- Vandeventer & Co. v. FordSupreme Court of Alabama · 1877