Dahl & Penne, Inc. v. State Bank

It is urged on behalf of the superintendent of banks that the State Bank of Portland, until it 'closed its doors, was liable because of its error in an action at law for the recovery of the *71money, or else, as a depositor creditor, for the amount shown on the deposit-book, plus the amount of the error. The petitioner, however, contends that because of this mistake the retention by the bank of the $1,000 constituted a special deposit and that the bank became a bailee of the money, holding the same in trust for petitioner.

At the time this check was presented to the bank for payment, petitioner’s…