The Law of Banks and Banking: Including Acceptance, Demand and Notice of Dishonor Upon Commercial Paper, with an Appendix Containing the Federal Statutes Applicable to National Banks |
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Page 18
... court saying the deposit for collec- tion creates an agency ; we have another court saying the banker becomes a trustee ; yet the one court permits the agent to sue as owner , which he could not do if he were an agent , and the other court ...
... court saying the deposit for collec- tion creates an agency ; we have another court saying the banker becomes a trustee ; yet the one court permits the agent to sue as owner , which he could not do if he were an agent , and the other court ...
Page 19
... court which says that the banker cannot sue as owner . Harsh , indeed , is the penalty the law is paying to - day for those generations of lawyers who were wholly unfamiliar with the banking business and thus lost touch with the ...
... court which says that the banker cannot sue as owner . Harsh , indeed , is the penalty the law is paying to - day for those generations of lawyers who were wholly unfamiliar with the banking business and thus lost touch with the ...
Page 20
... court of the United States , in days when a quasi - contract was not well understood , has told us that it.was . This law of quasi- contract informs us that the quasi - contract imposed by the statute is not a contract obligation ; but ...
... court of the United States , in days when a quasi - contract was not well understood , has told us that it.was . This law of quasi- contract informs us that the quasi - contract imposed by the statute is not a contract obligation ; but ...
Page 22
... courts have in many cases concurrent jurisdiction , so that a man who has followed the rule of one court finds himself in the wrong , if his adversary can bring him before another court . One thing is certain , and that is one of the courts ...
... courts have in many cases concurrent jurisdiction , so that a man who has followed the rule of one court finds himself in the wrong , if his adversary can bring him before another court . One thing is certain , and that is one of the courts ...
Page 27
... courts have found it neces- sary to define the word " bank " in terms which will not be satisfactory from another point of view . It is a truism , frequently disregarded , that the language of a court should never be considered apart ...
... courts have found it neces- sary to define the word " bank " in terms which will not be satisfactory from another point of view . It is a truism , frequently disregarded , that the language of a court should never be considered apart ...
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The Law of Banks and Banking: Including Acceptance, Demand and Notice of ... John Maxcy Zane No preview available - 2018 |
Common terms and phrases
acceptance acceptor action agent apply assignment authority bailment Bank of Metropolis Bank of U. S. bank's banker Barb binding Bradw Branch Bank cashier certificate certificate of deposit certified check charter cited City Bank claim collection Conn contract corporation court Cranch creditor custom debt decision demand deposit depositor directors draft drawer duty equity fact Farmers Fourth Nat funds held hold indorser insolvent Iowa knowledge liability lien loan maker Mass matter ment Merchants Minn N. J. Law N. Y. Supp National Bank national bank act negligence notice Ohio St overdraft paper payable payee payment person private banking quasi-contract question received residence rule Smedes statute stockholder suit supra tion transaction transfer trust ultra vires Union Bank Union Nat Union Stock Yards United unless usage waiver Wend
Popular passages
Page 674 - The shareholders of each association formed under the provisions of this act, and of each existing bank or banking association that may accept the provisions of this act, shall be held individually responsible, equally and ratably, and not one for another, for all contracts, debts, and engagements of such association to the extent of the amount of their stock therein at the par value thereof, in addition to the amount invested in such shares...
Page 674 - ... in the hands of such executor, administrator, guardian or trustee, shall be liable in like manner, and to the same extent as the testator or intestate. or the ward or person interested in such trust fund would have been, if he had been living and competent to act, and held the same stock in his own name.
Page 667 - To exercise by its board of directors, or duly authorized officers or agents, subject to law, all such incidental powers as shall be necessary to carry on the business of banking; by discounting and negotiating promissory notes, drafts, bills of exchange, and other evidences of debt...
Page 687 - The total liabilities to any association, of any person, or of any company, corporation, or firm for money borrowed including, in the liabilities of a company or firm, the liabilities of the several members thereof, shall at no time exceed one-tenth part of the amount of the Capital stock of such association actually paid in.
Page 692 - Nothing herein shall prevent all the shares in any association from being included in the valuation of the personal property of the owner or holder of such shares, in assessing taxes imposed by authority of the State within which the association is located...
Page 667 - Sixth. To prescribe, by its board of directors, by-laws not inconsistent with law, regulating the manner in which its stock shall be transferred, its directors elected or appointed, its officers appointed, its property transferred, its general business conducted, and the privileges granted to it by law exercised and enjoyed. Seventh. To exercise by its board of directors, or duly authorized officers or agents, subject to law, all such incidental powers as shall be necessary to carry on the business...
Page 665 - ... shall specify in general terms the object for which the association is formed, and may contain any other provisions, not inconsistent with the provisions of this act, which the association may see fit to adopt for the regulation of the business of the association and the conduct of its affairs...
Page 686 - And the knowingly taking, receiving, reserving, or charging a rate of interest greater than aforesaid shall be held and adjudged a forfeiture of the entire interest which the note, bill, or other evidence of debt carries with it, or which has been agreed to be paid thereon.
Page 690 - ... shall be published in a newspaper published in the place where such association is established, or If there is no newspaper In the place, then in the one published nearest thereto in the same county, at the expense of the association; and such proof of publication shall be furnished as may be required by the comptroller.
Page 701 - States, may be sued in respect of any act or transaction of his in carrying on the business connected with such property, without the previous leave of the court in which such receiver or manager was appointed...