Shuman v. Citizens State Bank
North Dakota Supreme Court
Appeal from tbe district court of Pierce County, Burr, J. Action to recover money deposited in a bank by a trustee. Judg' ment for defendant. Plaintiff appeals. Statement by Bruce, J. Plaintiff deposited in tbe defendant bank, as part of his general deposit, money belonging to a client, his mother, which was given him in order that he might pay certain taxes and other debts owing by the cestui que trust.
Read the full summary
Appeal from tbe district court of Pierce County, Burr, J. Action to recover money deposited in a bank by a trustee. Judg' ment for defendant. Plaintiff appeals. Statement by Bruce, J. Plaintiff deposited in tbe defendant bank, as part of his general deposit, money belonging to a client, his mother, which was given him in order that he might pay certain taxes and other debts owing by the cestui que trust. There is no evidence that a deposit in the trustee’s name was consented to or authorized by the cestui que trust, or, on the other hand, of the fact that the trust was known to the bank.…
1Opinion of the CourtBruce, J.
(after stating the facts as above). There are only two matters to be decided upon this appeal. First, as against the maker of a demand note which draws interest and is made payable at no particular place, is a demand necessary to mature' such a note, or is it due at once and upon delivery ? Second, has a bank the right to apply to the payment of an overdue note held by it a general deposit of the maker, when part of the moneys in such deposit are owned by some other party, but the bank has no notice or knowledge, actual or constructive, of such claim of ownership until after the application ?
T…
2Cases cited14 opinions
- Kimmel v. BeanSupreme Court of Kansas · 1904
- Curran v. WitterWisconsin Supreme Court · 1887
- School District v. First National BankMassachusetts Supreme Judicial Court · 1869
- Fankboner v. FankbonerIndiana Supreme Court · 1863
- O'Neil v. MagnerCalifornia Supreme Court · 1889
9 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Citizens Bank of Pleasantville v. TaylorSupreme Court of Iowa · 1926
- Bank of Conway v. StaryNorth Dakota Supreme Court · 1924
- Continental Oil Co. v. HorseyCourt of Appeals of Maryland · 1939
- Olson v. DonnellyNorth Dakota Supreme Court · 1940
- Steere v. Stockyards Nat. BankCourt of Appeals of Texas · 1921
17 more not listed; retrieve them via the Exa API.