Legal Opinion · Dissent

Lewis v. Shorter

Mississippi Supreme Court

Decided November 7, 1955No. 39718Published

1DissentEthridge, J.

In my opinion the judgment rendered in this case departs substantially from established legal principles with reference to the right of a drawer to revoke a draft sent to a bank for collection with deed attached. A deposit for collection is a transaction by which a draft or other instrument providing for the payment of money is deposited with a bank to act as agent of the depositor for its collection. The universal rule appears to be that the owner of paper which has been sent to a bank for collection has the right, at any time prior to collection, to revoke the bank’s authority to collect,…

2Cases cited3 opinions

  1. Bank of Montreal v. IngersonSupreme Court of Iowa · 1898
  2. Bank of Shaw v. RansomMississippi Supreme Court · 1916
  3. Marine Bank & Trust Co. v. TriplettMississippi Supreme Court · 1928

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