Page images
PDF
EPUB

References are to pages.

JURISDICTION (continued) -

national bank having right to sue in federal court may sue either
where located or where defendant lives, 625.

in local actions must sue where property located, 626.

if defendants live in different districts suit may be in either dis-
trict, 626.

in usury suits jurisdiction is in state court where the bank is lo-
cated, 626.

same rule applies to other suits against bank, 626, 627.

unless the action is local, when it must be brought where prop-
erty located, 628.

LACHES-

L.

stockholder may lose right to object to increase of stock by, 79,
note 10.

of bank as a defense in creditors' suits against officers, 134.

no defense where officers control the bank, 134, 135.

[blocks in formation]

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
against guardian, 84.

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.
are legal tender to every other national bank,
686.

treasury notes, how far legal tender, 238, note 22, 560, note 24.
silver coin as a legal tender, 560.

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.
bank examiners. 74.

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.
federal courts not bound by state statutes in usury suits against na-
tional banks, 338.

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,
89, 91, 189.

forbidden by denial of power to hold its
stock, 49, 89.

does not extend to dividends, 90, 92.

all parties have notice where lien given by
charter, 90.

covers all kinds of liabilities, 90.

does not give power to sell, 90.

may be waived by taking security, 90, 91.
by by-law binds stockholders. 91.

by by-law does not bind creditors of stock-
holder, 91.

sureties are subrogated to bank's lien, 90.
when lien cannot be created by by-law, 49.

upon deposit, bank must protect, 215, 221.

bank's lien upon dividends for claims due bank. 114.
lien by bank upon proceeds of collection, 297, 316.

correspondent bank's lien, 297, 298, 316.

extends only to credit given on paper or by agreement, 316.
lien by bank upon bill of lading for advances, 328 and note 8.
general lien by bank upon collaterals, 329.

no lien upon note it refuses to discount, 329.
clearing-house lien, see CLEARING-HOUSE.

LIMITATIONS (see STATUTE OF LIMITATIONS).
LIMITED PARTNERSHIP (see PARTNERSHIP).
LOAN COMPANY-

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 permitted only to particular persons, 326, note 2.

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.
president's collaterals deposited on bank's loan to him cannot be sold
without notice, 329.

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.
payment of loans must be in legal tender or current money, 341, 342.
in state bonds, 342.

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.
measure of recovery, 313.

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.
of depositor. see DEPOSITS.

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
holder, 119, 120.

MORTGAGES (see BANKING POWERS).

MUNICIPAL CORPORATIONS-
no power to issue notes, 555.

MUNICIPAL ORDERS (see DEMAND).

MUTILATED PAPER (see LOST PAPER).

References are to pages.

N.

NATIONAL BANKS (see BANKS; BANKING POWERS; CORPORATE
BANKS; LEGISLATIVE REGULATION) —

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.
certificate of organization, 665, 666.

copy as evidence, 665.

until certificate issued, can do no business, 59, 667.

acts done in its name not binding before certificate, 60, 62.
corporators liable as partners, 56, note 7, 58, 69.

powers of national banks under statute, 666, 667.

as to real estate, 671.

as to purchasing its own stock, 687.
as to loaning upon its own stock, 687.
as to purchasing stock in another bank,
64, 190, 191.

bank cannot be held liable upon stock, 64.
real-estate security may be enforced, 64.
cannot have lien on their own stock, 189.
cannot engage in buying and selling
stocks, 190.

may loan on stocks and purchase at sale,
191.

may sell its own stock lawfully acquired,
189.

cannot ratify purchase of its own shares,
189, 190.

cannot be sued for conversion of its own

shares, 190.

may take personal property on claim, 192.
take chattel mortgage, 192.

deal in government securities, 193.
receive special deposits, 199, 287.
contract to recover them, 199.

cannot make donation to manufactory,
192.

may make its property productive, 192.
sell or exchange its property, 193.
assign judgment, 193.

hold escrows and securities, 193.
protect its own buildings by erecting
others, 194, note 3.

purchase real property at its own
sale, 194.

as to office buildings, 194.

may take land in payment of debt, 194.
as to mortgages, 196.

may mortgage its real property, 197.

borrow money, 199.

issue certificates of deposit, 199, 279.

[blocks in formation]

powers of national banks, may purchase negotiable paper, 197, 198.
transfer and sell it, 198.

issue its promissory note, 198.
cannot lend its credit, 199, 200.
has power to make collections, 200.
may have savings department, 193.

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.
no increase until certificate, 78.

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.
stockholders' right to vote, 673.

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.
dividends, 687.

[blocks in formation]
« PreviousContinue »