Legal Opinion

Bingham v. Newtown Bank

Indiana Court of Appeals

Decided January 8, 1918No. 9,452Published

From Fountain Circuit Court; Isaac E. Schoonover, Judge. Action by James Bingbam, receiver of tbe Columbia Casualty Company, against tbe Newtown Bank, in wbicb one Rudolph C. Keller intervened. From a judgment for the intervener, Keller appeals.

1Opinion of the CourtIbach, C. J.

Appellant brought this action against

the Newtown Bank to recover upon a certificate of deposit as follows:

‘ ‘ Certificate of Deposit.

“Newtown Bank $245.00 “Newtown, Indiana, October 2,1912.
“This certifies that Columbia Casualty Company has deposited in this bank two hundred and forty-five and no/100 dollars, payable to the order of self, due August 5, 1913, on the return of this certificate properly endorsed.
“T. C. Shultz, Cashier.”

Rudolph C. Keller was admitted as a party defendant upon his intervening petition, and he filed a cross-complaint claiming to be the owner of the certificate.…

2Cases cited13 opinions

  1. Kirkwood v. First National BankNebraska Supreme Court · 1894
  2. Henry Miller, in Error v. David Austen, William S. Wilmerding, and David Austen, Jr.Supreme Court of the United States · 1852
  3. Hunt v. DivineIllinois Supreme Court · 1865
  4. Cassidy v. First National Bank of FaribaultSupreme Court of Minnesota · 1882
  5. Hatch v. First National BankSupreme Judicial Court of Maine · 1900

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