Sively v. State
Mississippi Supreme Court
Appeal from the circuit court of Newton county. Hon. C. L. Hobbs, Judge. H. F. Sively was convicted Of receiving deposits in an insolvent bank, and appeals. The facts are fully stated in the opinion of- the court. No brief of coniisel found in the record.
1Dissent
Smith, C. J.,
delivered a dissenting opinion.
The jury found, as a fact, and- the majority opinion concedes for the purpose of this discussion, that at the time the deposit in question was received the bank was insolvent, and that appellant either knew or had good reason to believe that this was true.' The money was received by the bank in the usual and ordinary way, and hecame, immediately upon its receipt, the property of the bank.
Appellant claims that it was the bank’s intention to return the money to the depositor in event it should be determined by its directors that it was necessary for…
2Cases cited4 opinions
- Commonwealth v. JunkinSupreme Court of Pennsylvania · 1895
- First Nat. Bank v. StraussMississippi Supreme Court · 1889
- State v. StraitSupreme Court of Minnesota · 1906
- Hughes v. LakeMississippi Supreme Court · 1886