A Treatise on the Law of Banks and Banking, Volume 2Little, Brown,, 1888 - Banking law |
From inside the book
Results 1-5 of 89
Page 710
... claim for recovery from the holder . The bank must look to the drawer , except under the clearing - house rules , and even then only the excess of payment beyond the funds on hand can be recovered . If the mistake is fraudulently ...
... claim for recovery from the holder . The bank must look to the drawer , except under the clearing - house rules , and even then only the excess of payment beyond the funds on hand can be recovered . If the mistake is fraudulently ...
Page 747
... claim against the party to whom the mistaken payment has been made will be less by this amount than the total amount paid to him on the face of the check.2 So far as the depositor had a right to draw , the defendant has now a right to ...
... claim against the party to whom the mistaken payment has been made will be less by this amount than the total amount paid to him on the face of the check.2 So far as the depositor had a right to draw , the defendant has now a right to ...
Page 751
... claim any lien on funds of its depositor to secure paper of his held by it , and still undue . Further , it is a good defence if the bank shows that funds of the drawer sufficient to make his credit good to meet the amount of the check ...
... claim any lien on funds of its depositor to secure paper of his held by it , and still undue . Further , it is a good defence if the bank shows that funds of the drawer sufficient to make his credit good to meet the amount of the check ...
Page 753
... claim per- petual possession of it to protect him against the danger of a suit by the payee , so the bank , before giving it to the drawer , is entitled to his acknowledgment , express or implied , that it has rightfully paid that ...
... claim per- petual possession of it to protect him against the danger of a suit by the payee , so the bank , before giving it to the drawer , is entitled to his acknowledgment , express or implied , that it has rightfully paid that ...
Page 754
... claim against drawer is settled . The general rule , as stated , is based , of course , on the ordinary presumption that the check was drawn against and paid from a deposit of the drawer sufficient for the purpose . In the excep- tional ...
... claim against drawer is settled . The general rule , as stated , is based , of course , on the ordinary presumption that the check was drawn against and paid from a deposit of the drawer sufficient for the purpose . In the excep- tional ...
Common terms and phrases
action agent American Exchange Bank amount articles of association assessed assets assignment asso authority bank bills Bank of United bank's banker bill of exchange bona fide holder bonds by-law capital stock certificate charter circulating notes claim collection Comptroller contract corporation court creditors Currency debt debtor declared defendant demand deposit depositor directors discharge dollars draft drawer drawn duty entitled equity fact forfeiture forged forgery funds held hold hundred indebtedness indorsement insolvent issued liability lien loan loss Mass matter ment National Banking Act national banking association negligence notice officers Ohio St organization certificate owner paid paper pari delicto party payable payee payment person plaintiff presented promissory note reason received recover redeem refused rule Savings Bank shareholders shares signature stockholders suit taxation thereof tion transaction transfer Treasury trust U. S. Rev ultra vires United usurious violation
Popular passages
Page 1099 - Such as shall be conveyed to it in satisfaction of debts previously contracted in. the course of its dealings.
Page 1139 - 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; by receiving deposits; by buying and selling exchange, coin, and bullion; by loaning money on personal security; and by obtaining, issuing, and circulating notes according to the provisions of this title.
Page 1137 - ... 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 1070 - It is, we think, a sound principle, that when a government becomes a partner in any trading company, it divests itself, so far as concerns the transactions of that company, of its sovereign character,, and takes that of a private citizen.
Page 1136 - A summary of the state and condition of every association from whom reports have been received the preceding year, at the several dates to which such reports refer, with an abstract of the whole amount of banking capital returned by them, of the whole amount of their debts and liabilities, the amount of circulating notes outstanding, and the total amount of means and resources, specifying the amount of lawful money held by them at the times of their several returns, and such other information in...
Page 1176 - If the directors of any national banking association shall knowingly violate, or knowingly permit any of the officers, agents, or servants of the association to violate any of the provisions of this Title, all the rights, privileges, and franchises of the association shall be thereby forfeited.
Page 1157 - Washington, shall at all times have on hand, in lawful money of the United States, an amount equal to at least twenty-five per centum of the aggregate amount of its...
Page 921 - Secretary, shall prescribe; but if a check so received is not paid by the bank on which it is drawn the person by whom such check has been tendered shall remain liable for the payment of the tax and for all legal penalties and additions to the same extent as if such check had not been tendered.
Page 1137 - An act to provide a national currency secured by a pledge of United States bonds, and to provide for the circulation and redemption thereof...
Page 1155 - 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 onetenth part of the amount of the capital stock of such association actually paid in.