Russell v. Bank of Nampa, Ltd.
Idaho Supreme Court
APPEAL from the District Court of the Seventh Judicial District, for Canyon County. Hon. Ed. L. Bryan, Judge. Action to establish a preferred claim against the assets of an insolvent bank in the hands of a receiver. Judgment for defendants. “The relation of banker and creditor cannot be created without the consent of the owner of the funds deposited.” (3 B. C. L., see. 183; Winslow v. Harriman Iron Go. (Tenn.
Read the full summary
APPEAL from the District Court of the Seventh Judicial District, for Canyon County. Hon. Ed. L. Bryan, Judge. Action to establish a preferred claim against the assets of an insolvent bank in the hands of a receiver. Judgment for defendants. “The relation of banker and creditor cannot be created without the consent of the owner of the funds deposited.” (3 B. C. L., see. 183; Winslow v. Harriman Iron Go. (Tenn. Ch.), 42 S. W. 698.) The bank in this case was a collecting bank merely as to the note and mortgage; it accepted the draft, payable to itself, as actual money in payment of said note and…
1Opinion of the CourtMorgan, J.
W. W. Russell was indebted to the Bank of Nampa, Limited, in the sum of $1,666.20, and to secure the payment of the indebtedness certain notes, amounting to $3,250, secured by mortgage, executed and delivered to him by August Felise and Eveline Felise, were left at the bank. During July, 1913, he assigned these notes to appellant, his father, subject to the claim of the bank, for $1,400. On or about September 22, 1913, the bank received a draft from August Felise for $3,035 in settlement of the indebtedness; of this $1,666.20 was applied in payment of the indebtedness of W. W. Russell to the…
2Cases cited5 opinions
- Capital National Bank v. Coldwater National BankNebraska Supreme Court · 1896
- Sherwood v. Central Michigan Savings BankMichigan Supreme Court · 1894
- Travellers Insurance v. CaldwellSupreme Court of Kansas · 1898
- Bellevue State Bank v. CoffinIdaho Supreme Court · 1912
- Hall v. BeymerColorado Court of Appeals · 1912
3Cited by11 opinions
- Corp. Commission v. Merchants Bank & Trust Co.Supreme Court of North Carolina · 1927
- Morton v. WooleryNorth Dakota Supreme Court · 1922
- Martin v. SmithIdaho Supreme Court · 1921
- Prewett v. First Nat. Bank of HagermanIdaho Supreme Court · 1928
- Tesorero de Puerto Rico v. Banco Comercial de Puerto RicoSupreme Court of Puerto Rico · 1934
6 more not listed; retrieve them via the Exa API.