First National Bank of Montgomery v. McLean

Supreme Court of Alabama

First National Bank of Montgomery v. McLean

137 So. 911, 223 Ala. 699

CourtSupreme Court of Alabama

DecidedOctober 15, 1931

Docket3 Div. 952.

StatusPublished

This text of 137 So. 911 (First National Bank of Montgomery v. McLean) is published on Counsel Stack Legal Research, covering Supreme Court of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

First National Bank of Montgomery v. McLean, 137 So. 911, 223 Ala. 699 (Ala. 1931).

Pincite

Opinion

ANDERSON, C. J.

This appeal is in the nature of a second application for a rehearing, as the law of this ease was settled in the former opinion, 221 Ala. 103, 127 So. 550, and in which an application for rehearing was considered and overruled.

We have again considered the former opinion, and do not care to recede therefrom, and this trial was in conformity therewith, and the jury found that the keeping and caring for the cattle, and turning the same over to the bank, did not amount to such a payment as to stop the running of the statute of limitations in favor of this appellee.

The case of Bank of Conway v. Sutherland, 51 N. D. 399, 200 N. W. 505, 37 A. L. R. 1186, in no wise conflicts with our former opinion. There the right of the indorser to plead the statute of limitations was not involved.

The judgment of the circuit court is affirmed.

Affirmed.

THOMAS, BROWN, and FOSTER, JJ., concur.

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