Chattahoochee National Bank v. Schley
Supreme Court of Georgia
Banks. Bailments. Principal and Agent. Powers. Charge of Court. Before Henry "W". Hilliard, Esq., Judge pro hae vice. Muscogee Superior Court. May Term, 1876. Eliza Schley, as guardian, brought trover against the Chattahoochee National Bank, to recover the value of four bonds of the Mobile and Girard Railroad Company, and two bonds of the city of Macon. The defendant pleaded the general issue.
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Banks. Bailments. Principal and Agent. Powers. Charge of Court. Before Henry "W". Hilliard, Esq., Judge pro hae vice. Muscogee Superior Court. May Term, 1876. Eliza Schley, as guardian, brought trover against the Chattahoochee National Bank, to recover the value of four bonds of the Mobile and Girard Railroad Company, and two bonds of the city of Macon. The defendant pleaded the general issue. The evidence for the plaintiff presented the following facts: The plaintiff, as guardian for her children, held and owned the bonds. They were worth eighty or ninety cents on the dollar. E. Barnard &…
1Opinion of the Court
Bleckley, Judge.
1. A national bank that habitually receives special deposits for safe-keeping, as matter of accommodation, is bound by the act of its cashier in receiving, on special deposit, a package of stocks and bonds. The bank, though acting without reward, becomes a bailee, and is responsible for gross negligence. 62 Penn. State, 47; Code, §§ 2104, 2105. Compare 47 Vt., 546; 60 New York, 278; 42 Md., 581; 17 Mass., 479.
2. If a person withdraw from a bank a special deposit, in pursuance of authority conferred upon him by the depositor, the bank is discharged, though the authority be…
2Cases cited2 opinions
- Weckler v. First National BankCourt of Appeals of Maryland · 1875
- Wiley v. First National BankSupreme Court of Vermont · 1875
3Cited by6 opinions
- National Bank v. GrahamSupreme Court of the United States · 1880
- Merchants National Bank v. GuilmartinSupreme Court of Georgia · 1892
- Pattison v. . Syracuse National BankNew York Court of Appeals · 1880
- Walker v. Manhattan BankUnited States Circuit Court · 1885
- First National Bank v. StrangAppellate Court of Illinois · 1888
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