References are to pages. JURISDICTION (continued) - national bank having right to sue in federal court may sue either in local actions must sue where property located, 626. if defendants live in different districts suit may be in either dis- in usury suits jurisdiction is in state court where the bank is lo- same rule applies to other suits against bank, 626, 627. unless the action is local, when it must be brought where prop- LACHES- L. stockholder may lose right to object to increase of stock by, 79, of bank as a defense in creditors' suits against officers, 134. no defense where officers control the bank, 134, 135. not liable on stock personally, 83., only by estoppel, 84. stock bequeathed estate liable until transfer to legatee, 84. estate of persons who have reached majority cannot be held in suit executor's failure to transfer to himself, 84, note 6. usury suits by, see INTEREST. demand upon, see DEMAND. notice to, see NOTICE OF NON-PAYMENT. LEGAL TENDER- custom cannot create, 238, note 22. payment must be in legal tender or current money, 341, 342. bank notes, how far a legal tender, 342 and note 6. national bank notes how far a legal tender, 343, note 15, 680, 686. treasury notes, how far legal tender, 238, note 22, 560, note 24. foreign coin as a legal tender, 560. LEGISLATIVE REGULATION (see CONFLICT OF LAWS) — legislature has power to regulate banking. 71. has power to forbid foreign banks doing business in state, 75, 76. foreign bank notes may be prohibited, 76. may prohibit private banking, 33-39. cannot prohibit all banking, 71. state regulations of national banks, 71, 74, 93. prohibited conveyances, 74. filing of agent's name, 75. defining act of national bank officer as crime, 75, notes 4 and 5, 142, 336. deposit of funds by state banks of issue, 73. requirement of reports, 73. federal statutes will not apply state law as to filing reports, 73, 620. lawful money reserves, 74. usurious rates of interest, 74. References are to pages. LEGISLATIVE REGULATION (continued) — federal usury statute exclusive of state legislation, 75, 335, 336. or as to preferences, 618. LENDING CREDIT- banks cannot lend credit, see BANKING POWERS. LICENSE TAXES- must be reasonable, 72. LIEN- lien on shares by bank, national banks can have none, 89, 189. in other banks, permissible if not forbidden, forbidden by denial of power to hold its does not extend to dividends, 90, 92. all parties have notice where lien given by covers all kinds of liabilities, 90. does not give power to sell, 90. may be waived by taking security, 90, 91. by by-law does not bind creditors of stock- sureties are subrogated to bank's lien, 90. upon deposit, bank must protect, 215, 221. bank's lien upon dividends for claims due bank. 114. correspondent bank's lien, 297, 298, 316. extends only to credit given on paper or by agreement, 316. no lien upon note it refuses to discount, 329. LIMITATIONS (see STATUTE OF LIMITATIONS). is not a bank, 29-31. LOANS (see NATIONAL BANKS) – joint deposit of collaterals upon, 289. right to loan upon collaterals incident to banking. 328. deposits may be collateral even when general, 328. loans contrary to law may be recovered, 327, 341. collateral may be enforced, 327. indorser's collateral may be enforced though indorser released, 535. loans compelled to stockholders, 326. guaranty of a loan, 328. See GUARANTY. lien upon bill of lading, 328. See Addendum. bank has lien whether it may charge back draft or not, 328, note 8. bank's general lien upon collaterals, 329. LOANS (continued). References are to pages. no lien on paper bank refuses to discount, 329. interest upon loans, see INTEREST. usurious loans, see INTEREST. creditor may have dividend upon debt and upon collaterals, 589. in bank's own bills, 342. not allowed if bank assigns note, 345. but not a good tender, 342. national bank notes, 343. in treasury notes. 238, note 22, 560, note 24. LOST PAPER- lost or stolen bank notes, redemption of, 680. if paper lost, negligence of collecting bank presumed, 311. delays in demand through loss of paper excused, 430. loss of check, 434. lost bank notes of state banks, recovery upon, 558. half of note lost, recovery without indemnity, 558, 559. worn out and mutilated notes, 559. worn out and mutilated national bank notes, 680. loss in postoffice excusing want of notice, see NOTICE OF NON-PAY- MENT. non-receipt of notice sent by mail, see NOTICE OF NON-PAYMENT. MANDAMUS- to compel transfer of stock, 84. M. to compel call for stock subscription, 97. MISNOMER- in garnishment, see GARNISHMENT. in certificate of protest, see PROTEST. MISTAKE- in payment of deposits, see DEPOSITS. in payment of collections, see COLLECTIONS. MONEY CHANGER- bank is a, 29. MONEY HAD AND RECEIVED- lies for money misappropriated by officer except against a bona fide MORTGAGES (see BANKING POWERS). MUNICIPAL CORPORATIONS- MUNICIPAL ORDERS (see DEMAND). MUTILATED PAPER (see LOST PAPER). References are to pages. N. NATIONAL BANKS (see BANKS; BANKING POWERS; CORPORATE classification of banks into, 26. organization of, 665. congress power to charter, 41. conversion of state into national banks. 47, 675, 676. conversion of gold banks into national banks, 675, 676. conversion of banks in District of Columbia, 48. only national banks can use word "national," 46, note 4, 703. copy as evidence, 665. until certificate issued, can do no business, 59, 667. acts done in its name not binding before certificate, 60, 62. powers of national banks under statute, 666, 667. as to real estate, 671. as to purchasing its own stock, 687. bank cannot be held liable upon stock, 64. may loan on stocks and purchase at sale, may sell its own stock lawfully acquired, cannot ratify purchase of its own shares, cannot be sued for conversion of its own shares, 190. may take personal property on claim, 192. deal in government securities, 193. cannot make donation to manufactory, may make its property productive, 192. hold escrows and securities, 193. purchase real property at its own as to office buildings, 194. may take land in payment of debt, 194. may mortgage its real property, 197. borrow money, 199. issue certificates of deposit, 199, 279. powers of national banks, may purchase negotiable paper, 197, 198. issue its promissory note, 198. jurisdiction of courts over, see JURISDICTION. comptroller's power over, see COMPTROLLER OF CURRENCY. place of business (statute), 682. must transact business at banking house, 74. removal of place of business, 666. extension of period of existence (statute), 667, 668. deposit of bonds. 669, 670, 676. certifying checks without credit, as an offense, 670, 671, 689. amount of capital, 671. shares, how transferable, 671, 672. payment of shares, 671, 672. checks valid against bank, 689. sale of shares for failure to pay, 672. increase of capital stock, 77, 672. certificate of comptroller conclusive, 78 and note 7. comptroller cannot grant increase after insolvency, 78, note 7. bank trustee for increase until certificate issued, 78. if certificate not issued there is no increase, 79. stockholder loses right to object by laches, 79, note 10. decrease of capital stock, 673. when reduced, bank cannot retain surplus of capital, 79. right of stockholders to inspect books, 93. directors, how elected, 673. qualifications of directors, 673. oath of directors, 673. filling vacancies in board, 674. calling elections, 674. president; 674. statutory liability of stockholders, 674. liability of executors, trustees, guardians, etc., 674. as public depositories, 674. registered bonds, 676. annual examination of bonds, 677. transferring bonds, 677. custody of bonds, 678. bank notes, 679, 680. how far a legal tender. 343, note 15, 680, 686. redemption of lost or stolen notes, 680. post-notes and other notes prohibited, 680. worn out and mutilated notes, 680. lawful money reserve, 74, 681, 682, 683. no reserve for notes except five per centum, 683, 684. mutilation of notes forbidden, 682. imitation of notes for advertising, 681. withdrawal of circulating notes, 669, 670, 684. |