Legal Opinion

Sawyers v. Conner

Mississippi Supreme Court

Decided March 15, 1917PublishedCited by 14 opinions

Appear from the chancery court of Adams county. Hon. E. W. Cutrer, Chancellor. Suit by Mrs. Mary Sawyer against L. P. Conner, receiver of the First Natchez Bank. From a decree dismissing the petition, the complainant appeals. Appellant, Mrs. Sawyer, a resident of Natchez, Miss., was the owner of a house covered by a policy of fire insurance in the Caledonia Insurance Company.

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Appear from the chancery court of Adams county. Hon. E. W. Cutrer, Chancellor. Suit by Mrs. Mary Sawyer against L. P. Conner, receiver of the First Natchez Bank. From a decree dismissing the petition, the complainant appeals. Appellant, Mrs. Sawyer, a resident of Natchez, Miss., was the owner of a house covered by a policy of fire insurance in the Caledonia Insurance Company. There was damage by fire, the loss was adjusted, and appellant received a cheek from the insurance company for the sum of five hundred and fifty dollars in settlement of the loss. She awarded a contract to one McClutehie…

1Opinion of the CourtStevens, J.

(After stating the facts as above). While the deposit made by Mrs. Sawyer may not come within the literal meaning of the term “special deposit,” it does, in our judgment, constitute a deposit for a special purpose and is frequently referred to or known as a “special *371deposit.” This particular class of deposits is referred to by the author on Banks and Banking in Corpus Juris. “as a distinct class.” It is stated on page 632, vol. 6, C. J., that:

“In using deposits made for the purpose of having them apply to a particular purpose, the bank acts as an agent of the depositor, and if it should fail…

2Cases cited15 opinions

  1. Peak v. EllicottSupreme Court of Kansas · 1883
  2. Dolph v. CrossSupreme Court of Iowa · 1911
  3. Smith v. Sanborn State BankSupreme Court of Iowa · 1910
  4. Carlson v. KiesWashington Supreme Court · 1913
  5. McBride v. American Railway & Lighting Co.Court of Appeals of Texas · 1910

10 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. Bryan, as Admrx. Coconut Grove Bank Tr. Co.Supreme Court of Florida · 1931
  2. Northern Sugar Corporation v. ThompsonCourt of Appeals for the Eighth Circuit · 1926
  3. John L. Walker Co. v. AldenDistrict Court, E.D. Illinois · 1934
  4. Tinsley v. AmosSupreme Court of Florida · 1931
  5. Engleman v. Bank of America National Trust & Savings Ass'nCalifornia Court of Appeal · 1950

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