Tillman v. Guaranty Trust Co.

The complaint sets forth a cause of action for a deposit of money not to be repaid at a fixed time but only upon special demand. In October, 1920, the Deutsche Bank at the request of the depositor sent to the defendant a letter of inquiry concerning the status of the deposit account. The letter contained no present demand for the payment or transfer of the money on deposit. Demand was to await the reply to the inquiry. The defendant in reply stated unequivocally that the plaintiff’s assignors had no valid claim to any deposit and that the defendant held no “ balance ” at their disposal.…