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PERDUE v. STATE NAT. BANK

6 Div. 891.

47 So.2d 261 (1950)

PERDUE v. STATE NAT. BANK.

Supreme Court of Alabama.

Rehearing Granted June 30, 1950.

Attorney(s) appearing for the Case

Finis E. St. John, of Cullman, for appellant.

Julian Harris and Norman W. Harris, of Decatur, for appellee.

BROWN, Justice.

The transaction between Perdue and wife and complainant bank boiled down to last analysis was simply a loan of money by the former to the latter on express contract on the part of the complainant to pay to either one or both with interest on presentation of the pass book showing the true state of the account with accrued interest on demand. As the contract states, "The bank considers the possession of the pass book as the important condition,

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