Supreme Court of Alabama January 15, 1845 (Branch Bank at Montgomery v. Sydnor)

ORMOND, J.

— The only question presented upon the record is, whether the action can be maintained by the agent upon an implied promise. It is clear that .the. Bank has no title to the money, which belongs to MeCargo, and it is not shown that the agent has any interest in it, or that he is in any way liable to the plaintiff for it; nor is there any privity of contract between the Bank and the