Birmingham Nat. Bank v. Bradley

On a former appeal of this cause, reported in 103 Ala. 109, we held that the real issue was whether the check indorsed by Bradley to the plaintiff bank, was genuine, or had been raised after its issuance by the drawer bank. Bradley being the payee in the chéck and endorser, and the person to whom the plaintiff paid the money, he warranted to the paying bank the genuineness of the check, both as to the drawer’s signature and the amount of the check. The case was properly tried upon this issue. The drawer’s signature was admitted. It was also admitted that the defendant endorsed the check to…