Digest of cases decided and reported in the Supreme Court of the state of Alabama; from 1st Alabama reports to 7th Porter inclusive: with the rules of ... titles and cases : to which are appended, the - Softcover
Inhaltsangabe
This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1840 edition. Excerpt: ...against bank for penalty in not paying taxes, they are entitled to ajury if demanded, although they do not plead. Tombecbee Bank v. State, A. R. 425. 98. When the bank sues a security he cannot plead as payment or set-off a deposit made in bank by his principal. Such deposit is subject only to the check of the principal. Lyon v. State Bank, 1 S. 442. 99. A notice by bank, of a motion for summary judgment is sufficient without a declaration, if the debt claimed is set forth with reasonable certainty, though it has not the technical precision of a declaration. 1 bid. 100. The like certainty is also sufficient, as to the certificate of the presi-, dent, as required by the statute, its only object being to prove property in the bank, and not to establish the debt. Ibid. 101. Where the notice is to three defendants, a notice and judgment may be had against one, and a discontinuance as to the others is not necessary. Ibid. 102. To charge a bank with notice of the dissolution of a firm, it is not sufficient that one of the firm who received the credit was a director of the bank. Lucas v. Bank of Darien, 2 S. 280. 103. Sheriff's return, that he had served the process upon the cashier, is not sufficient to support an action, without proof that such person is cashier. St. John v. Tombecbee Bank, 3 S. 146. 104. The statute 1823, declaring a forfeiture of the charter of the Huntsville Bank to ensue from the failure to pay specie for its notes, did not take from the bank the right to sue in its corporate capacity. Huntsville Bank v. McGhee, 1 S. & P. 307. 105. In proceeding by notice to charge one who does not appear as acceptor of a bill--the record must show the proof to have been made of the acceptance. Walker v. Bank State of Alabama, 4 S....
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