Dielmann v. Citizens' Nat. Bank of Madison
South Dakota Supreme Court
Appeal from circuit court, Lake county. Hon. Frank R. Aikens, Judge. Action by Charles Dielman against the Citizens’ National Bank of Madison to recover moneys alleged to have been deposited by plaintiff in defendant-bank, subject to plaintiff’s check. Plaintiff had judgment and defendant appeals. The facts are stated in the opinion.- A general deposit in a national bank can only be drawn out by presenting a check at the counter of the bank, during banking hours.
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Appeal from circuit court, Lake county. Hon. Frank R. Aikens, Judge. Action by Charles Dielman against the Citizens’ National Bank of Madison to recover moneys alleged to have been deposited by plaintiff in defendant-bank, subject to plaintiff’s check. Plaintiff had judgment and defendant appeals. The facts are stated in the opinion.- A general deposit in a national bank can only be drawn out by presenting a check at the counter of the bank, during banking hours. Adams v. Orange Co. Bank, 17 Wend. 514; Smiley v. Fry, 100 N. Y. 262. The statute of limitations must be specially pleaded by way…
1Opinion of the CourtCorson, P. J.
This was an action by a bank depositor to recover from the defendant bank the balance claimed to be due him as such depositor. The defendant answered, denying many of the allegations of the complaint; and pleaded, as a counterclaim or defense, a balance of $273.59, claimed to be due the defendant on a promissory note executed by one Rice to the plaintiff, and indorsed by said plaintiff, and which had become the property of the defendant bank, and which amount it had deducted from plaintiff’s account. To this counterclaim or defense the plaintiff, in a reply, pleaded the statute of limitations…
2Cases cited3 opinions
- Searls v. KnappSouth Dakota Supreme Court · 1894
- Meyer v. School District No. 31South Dakota Supreme Court · 1893
- Wheeler v. Supreme SittingMichigan Supreme Court · 1896
3Cited by9 opinions
- Dolan v. BaldridgeWashington Supreme Court · 1931
- Torrey v. CampbellSupreme Court of Oklahoma · 1918
- McConnell v. SpickerSouth Dakota Supreme Court · 1901
- Blakeney v. FrancisSupreme Court of Oklahoma · 1924
- Mann v. RedmonNorth Dakota Supreme Court · 1912
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