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Banking Cases, Annotated (Volume 1); A Collection of All Cases Affecting Banks Decided by the Courts of Last Resort in the United States

Banking Cases, Annotated (Volume 1); A Collection of All Cases Affecting Banks Decided by the Courts of Last Resort in the United States


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About the Book

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated.1899 Excerpt: ... First Nat. Bank Of Cambridge, Ill. v. Hall et al. (Supreme Court of Alabama, Oct. 29, 1898.) Questions of Fact--Review.--Where a case was tried upon parole evidence, on appeal, it is the rule to indulge all reasonable presumptions in favor of the decision of the trial court upon questions of fact, and not to reverse unless it clearly appears to be erroneous. Application of Deposits--Verbal Instructions.--Where it appears that a note was deposited in a bank where it was payable, and where there was on deposit, at its maturity, sufficient cost to the credit of the maker to pay it; and the cashier had been instructed by the maker to appropriate such cost to the payment of the note; and that on the morning of the day it fell due, after banking hours, in. the bank, the maker tendered the cashier a check on such cost in payment of the note, and was advised by the cashier that a check was unnecessary because the note had already been charged to the maker, and there was exhibited by the cashier to the maker, the note stuck on the canceling spindle and stamped "Paid" such note is, in fact, paid in money, a verbal instruction by a depositor to the cashier of a bank to apply his money on deposit in a certain way being sufficient authority. Same--National Banks--Insolvency.--When a national bank is insolvent, general deposits cannot be applied to the payment of a note payable at such bank; although the bank is open when the depositor orders such application of his deposits, and he is in ignorance of such insolvency. Appeal by plaintiff from Lauderdale county circuit court. Reversed. See notes at end of case. First Nat. Bank of Cambridge, 111. v. Hall The defendants filed the following special pleas: "Second. That the note sued on in this cause was hypothecated bvthe Fl...


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Product Details
  • ISBN-13: 9781154076813
  • Publisher: General Books
  • Publisher Imprint: General Books
  • Height: 246 mm
  • No of Pages: 296
  • Spine Width: 16 mm
  • Width: 189 mm
  • ISBN-10: 1154076814
  • Publisher Date: 01 Feb 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 585 gr


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