Bradley Fertilizer Co. v. Lathrop

McAdam, Ch. J.

The finding by the jury that payment of the checks in suit was stopped by the defendant some weeks before the bank on which they were drawn, failed, determined the main question involved in this case and entitles the plaintiff to judgment on the verdict. The ordinary relation existing between a bank and its customer, if not complicated by any further transaction than that of the depositing and withdrawing of moneys by the customer from time to time, is simply that of debtor and *290creditor. The original and every subsequent deposit by the customer is, in strict legal effect, a loan…