A Treatise on the Law Relating to Banks and Banking: With an Appendix Containing the National Banking Act of June 3, 1864, and Amendments Thereto |
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Page xxxvii
... Clearly the fact of " trafficking in money " does not suffice to convey this legal character . Our own view of the subject is supported by no direct adjudications placing any technical construction upon the term , but is obtained from a ...
... Clearly the fact of " trafficking in money " does not suffice to convey this legal character . Our own view of the subject is supported by no direct adjudications placing any technical construction upon the term , but is obtained from a ...
Page 6
... clear , and the authorities are too strong , to be brought within the range of doubt by this soli- tary adjudication . More especially since the sweeping state- ment of the legal theory in that opinion was enunciated for the ...
... clear , and the authorities are too strong , to be brought within the range of doubt by this soli- tary adjudication . More especially since the sweeping state- ment of the legal theory in that opinion was enunciated for the ...
Page 32
... clearly to be the fair reason of the matter . The legal arguments and authorities which sustain it seem to us , of ... clear legal understanding that the money shall be forthcoming to meet the order of the creditor whenever that order ...
... clearly to be the fair reason of the matter . The legal arguments and authorities which sustain it seem to us , of ... clear legal understanding that the money shall be forthcoming to meet the order of the creditor whenever that order ...
Page 44
... clear that it cannot create one.3 In like manner it would seem that the bank would be entitled to defend in a suit by the depositor by showing misrepresenta- tion , concealment , or other species of fraud on his part . Where the payment ...
... clear that it cannot create one.3 In like manner it would seem that the bank would be entitled to defend in a suit by the depositor by showing misrepresenta- tion , concealment , or other species of fraud on his part . Where the payment ...
Page 49
... clear , and the decisions are not wholly harmonious . The object which the bank has in view clearly is to put the depositor in the way promptly to discover and demand correction of any mistake existing in its account with him ...
... clear , and the decisions are not wholly harmonious . The object which the bank has in view clearly is to put the depositor in the way promptly to discover and demand correction of any mistake existing in its account with him ...
Common terms and phrases
acceptance agent American Exchange Bank amount association authority Bank of Alexandria Bank of Columbia Bank of United Bankers and Banking Barb bill of exchange bind the bank bona fide bond Branch Bank cashier certificate charter circulating notes cited collection comptroller contract corporation County Bank court creditors currency debt decision declared default demand deposit deposit account depositor directors discount doctrine drawer duty effect evidence fact Farmers funds further enacted Grant on Bankers held holder indebtedness indorsement issued knowledge liability lien loan matter ment National Bank National Banking Act notice obligation officer ordinary organization certificate paid paper party payable payee payment Penn person plaintiff presentment president principle promissory note properly question reason received refusal regarded render right of action rule shareholders simply statute sufficient suit supra sureties teller tion transaction transfer Union Bank United usage Utica valid Wend
Popular passages
Page 496 - 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 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 510 - No national banking association shall at any time be indebted, or in any way liable, to an amount exceeding the amount of its capital stock at such time actually paid in and remaining undiminished by losses or otherwise, except on account of demands of the nature following: "First.
Page 514 - All national banking associations, designated for that purpose by the Secretary of the Treasury, shall be depositaries of public money, except receipts from customs, under such regulations as may be prescribed by the Secretary; and they may also be employed as financial agents of the government; and they shall perform all such reasonable duties as depositaries of public moneys and financial agents of the government, as may be required of them.
Page 105 - ... made after the commission of an act of insolvency, or in contemplation thereof, made with a view to prevent the application of its assets in the manner prescribed by this chapter, or with a view to the preference of one creditor to another, except in payment of its circulating notes, shall be utterly null and void...
Page 526 - 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 522 - ... 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 512 - Provided, That nothing in this act shall be construed to prevent all the shares in any of the said associations, held by any person or body corporate, from being included in the valuation of the personal property of such person or corporation in the assessment of taxes imposed by or under State authority...
Page 509 - ... on the security of the shares of its own capital stock, nor be the purchaser or holder of any such shares, unless such security or purchase shall be necessary to prevent loss upon a debt previously contracted in good faith; and stock so purchased or acquired shall, within six months from the time of its purchase, be sold or disposed of at public or private sale; or, in default thereof, a receiver may be appointed to close up the business of the association, according to section fifty-two hundred...
Page 501 - Comptroller shall examine into the condition of such association, ascertain especially the amount of money paid in on account of its capital, the name and place of residence of each of...
Page 495 - The amount of its capital stock and the number of shares into which the same shall be divided.