First National Bank v. Nelson
Supreme Court of Alabama
Appeal from tbe Circuit Court of Montgomery. Tried before the Hon. John B. Tyson. The action in this case was brought by the appellee, Margaret Nelson, against the appellant, the First National Bank of Montgomery, on March 8,1893. The complaint contained two counts, which were as follows : 1st. “The-plaintiff claims of the defendant ten thous- and ($10,000.00) dollars for money received by the defendant on, viz., the 30th day of May, 1890, to the use of the plaintiff, which…
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Appeal from tbe Circuit Court of Montgomery. Tried before the Hon. John B. Tyson. The action in this case was brought by the appellee, Margaret Nelson, against the appellant, the First National Bank of Montgomery, on March 8,1893. The complaint contained two counts, which were as follows : 1st. “The-plaintiff claims of the defendant ten thous- and ($10,000.00) dollars for money received by the defendant on, viz., the 30th day of May, 1890, to the use of the plaintiff, which said sum óf money, with interest thereon, is still unpaid.” 2d. “The plaintiff claims of the defendant the further sum…
1Opinion of the CourtHaralson, J.
1. The main question for decision in this case, as stated by counsel for appellee is: Whether the appellant is a bona fide holder of the check, the subject of this suit, having acquired, before maturity, the legal title for value, in the ordinary course of business.
The action is clearly one in assumpsit.—Wolffe v. The State, 79 Ala. 202. The evidence is not conflicting. It shows that the check was drawn by Moses Bros. & Co. on the Merchants & Planters National Bank payable to the plaintiff below, appellee here — Mrs. Margaret Nelson — or bearer, and that the defendant received the money on it…
2Cases cited16 opinions
- Risley v. . Phenix Bank of City of New YorkNew York Court of Appeals · 1881
- Barlow v. LambertSupreme Court of Alabama · 1856
- Ph&338nix Insurance Company v. . ChurchNew York Court of Appeals · 1880
- Craft v. RussellSupreme Court of Alabama · 1880
- Steiner Bros. v. TranumSupreme Court of Alabama · 1893
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3Cited by16 opinions
- McNight v. ParsonsSupreme Court of Iowa · 1907
- Hicks v. MeadowsSupreme Court of Alabama · 1915
- Maddox v. HuntSupreme Court of Alabama · 1967
- Alabama Grocery Co. v. 1st National BankSupreme Court of Alabama · 1908
- Department of Public Safety v. Freeman Ready-Mix Co.Supreme Court of Alabama · 1974
11 more not listed; retrieve them via the Exa API.