Riddle v. First Nat. Bank of Butler
U.S. Circuit Court for the District of Western Pennsylvania
In pursuance of a written stipulation, this case was tried by the court without the intervention of a jury. Tho following facts are therefore found by the court.
Read the full summary
In pursuance of a written stipulation, this case was tried by the court without the intervention of a jury. Tho following facts are therefore found by the court. (1) The First Rational .Bank of Butler, Pennsylvania, (the defendant,) issued, on the several dates thereof, and to the respective payees therein named, for deposits of money by them made, certificates of deposit, of which the following are copies: A. “$64.60. First Rational Bank of Butler, Pa., August 12, 1878. “Mrs. Annie Riddle has deposited in this bank sixty-four 60-100 dollars, payable to her order on return of this certificate…
1Opinion of the CourtAcheson, J.
1. That the instruments sued on are post-notes, within the prohibition of section 5183, Rev. St., is a proposition to which I cannot assent. They are mere certificates of deposit, of the usual form, issued in the ordinary course of banking business, and are not designed or adapted to circulate as money.
2. A certificate of deposit, payable to the order of the depositor on return of the certificate, is not due or suable until demand made and return of the certificate. McGough v. Jamison, 107 Pa. St. 336; Daniel, Neg. Inst. § 1707a. Hence it is plain that the statute of limitations had not…
2Cases cited4 opinions
- White v. KnoxSupreme Court of the United States · 1884
- Bank of Bethel v. Pahquioque BankSupreme Court of the United States · 1872
- Branch v. DawsonSupreme Court of Minnesota · 1885
- Tripp v. CurteniusMichigan Supreme Court · 1877
3Cited by7 opinions
- Murphy v. GumaerColorado Court of Appeals · 1902
- Bryant v. Linn CountyDistrict Court, D. Oregon · 1938
- Erwin v. ErwinIndiana Court of Appeals · 1942
- Rodriguez v. First State Bank & Trust Co.Court of Appeals of Texas · 1919
- Williams v. DrakeDistrict Court, E.D. Illinois · 1935
2 more not listed; retrieve them via the Exa API.