The Law of DepositsJ.D. Milans & sons, 1910 - 127 páginas |
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Página 10
... prohibited , the deposit was wrongfully made and when the bank failed the fund was held to be a trust fund and paid prior to other creditors . This case is contrary to the de- cisions in other States and was not well considered . 10 SEC .
... prohibited , the deposit was wrongfully made and when the bank failed the fund was held to be a trust fund and paid prior to other creditors . This case is contrary to the de- cisions in other States and was not well considered . 10 SEC .
Página 11
... held personally liable , but as to the assets of the bank there is only a right to share with other creditors . If the law prohibits the deposit by an officer , the bank is guilty of a wrong in receiving such deposit and where the money ...
... held personally liable , but as to the assets of the bank there is only a right to share with other creditors . If the law prohibits the deposit by an officer , the bank is guilty of a wrong in receiving such deposit and where the money ...
Página 13
... held out should be returned in full . In any case there can be no return , or payment in full before other creditors , unless the item or money can be traced into the hands of the receiver . Commissioners of Crawford Co. v . Strawn ...
... held out should be returned in full . In any case there can be no return , or payment in full before other creditors , unless the item or money can be traced into the hands of the receiver . Commissioners of Crawford Co. v . Strawn ...
Página 14
... held for the special purpose for which it was made . In the case of a general deposit we learned that the bank was debtor and the depositor creditor for the amount . Not so here . The bank is bailee and the property remains the property ...
... held for the special purpose for which it was made . In the case of a general deposit we learned that the bank was debtor and the depositor creditor for the amount . Not so here . The bank is bailee and the property remains the property ...
Página 15
... held to the care that a prudent man would exercise . And the decisions are tending in that direction . Of course where the bank is compensated , or receives a direct benefit by ac- cepting the special deposit , it will be held to a ...
... held to the care that a prudent man would exercise . And the decisions are tending in that direction . Of course where the bank is compensated , or receives a direct benefit by ac- cepting the special deposit , it will be held to a ...
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Términos y frases comunes
acceptance agent agreement amount attached authority bailee bailment balance bank fails bank liable bank must pay bank pays bank's bind bona fide holder Central Reserve certificate of deposit certified check check drawn claim contract countermanded court creditor death debt debtor delivered delivery deposit in bank depositaries depositor depositor's account deposits money donor draft drawer endorsement entitled executor forged forgery fraud gift causa mortis gift inter vivos give held Insolvent Bank intent interest issued lawful money legal tender lien loan maker ment mistake money in bank Nat'l Bank national bank National Bank Act negligence Negotiable Instruments Law notes notice officer overdraft owner paid party pass book payable on demand payee payment pays a check person positor postmaster presumed public money received recover refusal to pay Revised Statutes savings bank signature special deposit tion transfer Treasurer United valid gift wrong
Pasajes populares
Página 63 - The drawer by drawing the instrument admits the existence of the payee and his then capacity to indorse; and engages that on due presentment the instrument will be accepted or paid, or both, according to its tenor, and that if it be dishonored, and the necessary proceedings on dishonor be duly taken, he will pay the amount thereof to the holder, or to any subsequent indorser who may be compelled to pay it.
Página 63 - Every person negotiating an instrument by delivery or by a qualified indorsement, warrants: 1. That the instrument is genuine and in all respects what it purports to be; 2. That he has a good title to it; 3. That all prior parties had capacity to contract; 4. That he has no knowledge of any fact which would impair the validity of the instrument or render it valueless.
Página 20 - That all associations under this act, when designated for that purpose by the Secretary of the Treasury, shall be depositaries of public money, except receipts from customs...
Página 54 - Where a negotiable instrument is materially altered without the assent of all parties liable thereon, it is avoided, except as against a party who has himself made, authorized or assented to the alteration, and subsequent indorsers. But when an instrument has been materially altered and is in the hands of a holder in due course, not a party to the alteration, he may enforce payment thereof according to its original tenor.
Página 127 - Counterfeit notes to be marked; "redemption" of notes wrongfully so marked. The act of June 30. 1876 (19 Stat. 64; 31 USC 424), provides that all United States officers charged with the receipt or disbursement of public moneys, and all officers of national banks, shall stamp or write in plain letters the word "counterfeit", "altered", or "worthless" upon all fraudulent notes issued in the form of. and intended to circulate as money, which shall be presented at their places of business; and if such...
Página 20 - States to a disbursing officer shall be by draft or warrant on the Treasury or an assistant treasurer of the United States. In places, however, where there is no treasurer or assistant treasurer, the Secretary of the Treasury may, when he deems it essential to the public interest, specially authorize in writing the deposit of such public money in any other public...
Página 81 - If he does not signify his approval or acceptance to the seller, but retains the goods without giving notice of rejection, then, if a time has been fixed for the return of the goods, on the expiration of such time, and, if no time has been fixed, on the expiration of a reasonable time. What is a reasonable time is a question of fact.
Página 126 - July 14, 1890, are legal tender for all debts, public and private, except where otherwise expressly stipulated in the contract. United States notes are legal tender for all debts, public and private, except duties on imports and interest on the public debt.
Página 65 - ... or the drawer will be discharged from liability thereon to the extent of the loss caused by the delay.
Página 57 - ... intended to circulate as money or to be received or used in lieu of lawful money of the United States...