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SEABOARD SURETY CO. v. FIRST NAT. BANK OF BIRMINGHAM

6 Div. 696.

41 So.2d 411 (1949)

SEABOARD SURETY CO. v. FIRST NAT. BANK OF BIRMINGHAM.

Court of Appeals of Alabama.

Rehearing Denied May 17, 1949.

Attorney(s) appearing for the Case

London & Yancey, Geo. W. Yancey, and Jas. Clark, all of Birmingham, for appellant.

Cabaniss & Johnston, of Birmingham, for appellee.

HARWOOD, Judge.

The question involved in this appeal is similar to the question presented in Seaboard Surety Co. v. First National Bank of Birmingham, Ala.App., 41 So.2d 406, which for convenience will hereinafter be referred to as case No. 1. This present case will likewise hereinafter be referred to as case No. 2.

Each case arose out of the same series of transactions. The two cases were consolidated for trial, and the...

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