Munnerlyn v. Augusta Savings Bank
Supreme Court of Georgia
Trusts. Banks. Actions. Demand. Limitations. Conversion. Payment. Before Judge Poney. Bichmond superior court. October term, 1890. The action was commenced April 1, 1890, by Munnerlyn as trustee for two Munnerlyns and by those two in their own right, to recover of the bank certain moneys claimed to have been deposited with it.
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Trusts. Banks. Actions. Demand. Limitations. Conversion. Payment. Before Judge Poney. Bichmond superior court. October term, 1890. The action was commenced April 1, 1890, by Munnerlyn as trustee for two Munnerlyns and by those two in their own right, to recover of the bank certain moneys claimed to have been deposited with it. The declaration gives the dates of the deposits as March 11, 1884, and June 30, 1885, and alleges that they were made by Munnerlyn as trustee and agent of plaintiffs, and by Munnerlyn, trustee, acting as agent for plaintiffs. It is further alleged that the bank had full…
1Opinion of the Court
Lumpkin, Justice.
1. When money is deposited in a bank, it is immaterial, so far as the bank is concerned, in what capacity the depositor holds or owns it. The obligation of the bank is simply to keep it safely and return it to the proper person. Therefore, when a trustee deposits money in a bank to his credit as agent, the bank would be discharged by paying it back to the individual who made the deposit, and in the absence of knowledge or notice to the contrary, would have the right to assume that he would appropriate the money to its proper uses and trusts. If this individual should go in…
2Cases cited3 opinions
- National Bank v. Insurance Co.Supreme Court of the United States · 1881
- Union Stock Yards Bank v. GillespieSupreme Court of the United States · 1890
- City Bank of Macon v. KentSupreme Court of Georgia · 1876
3Cited by54 opinions
- Duckett v. National Mechanics' BankCourt of Appeals of Maryland · 1897
- United States Fidelity & Guaranty Co. v. Adoue & LobitTexas Supreme Court · 1911
- American Trust & Banking Co. v. BooneSupreme Court of Georgia · 1897
- Hines v. WilsonSupreme Court of Georgia · 1927
- Coleman v. First National BankTexas Supreme Court · 1901
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