Miller v. Bank of Washington
Supreme Court of North Carolina
Appeal by defendant from Bond, J., at February Term, 1918, of Beaufort. This is an appeal by the defendant bank from a judgment requiring it to pay tbe plaintiff Minnie Miller $800 and interest. Tbe complaint alleged tbat her husband, Gr.
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Appeal by defendant from Bond, J., at February Term, 1918, of Beaufort. This is an appeal by the defendant bank from a judgment requiring it to pay tbe plaintiff Minnie Miller $800 and interest. Tbe complaint alleged tbat her husband, Gr. H. Miller, had fraudulently procured said $800 from her, and with tbe fraudulent purpose to convert it to bis own use aud unknown to ber, bad deposited it in the defendant bank in Washington, N. C., in bis own name, but notwithstanding the notice to the bank from ber of such facts and of the attendant circumstances, and ber notice not to pay out the same to…
1Opinion of the Court
*154Glare, C. J.
When a bank bas reasonable notice of a bona fide claim that money deposited with it is the property of another than the de-. positor, it should withhold payment until there is reasonable opportunity to institute legal proceedings to contest the ownership. For a much stronger reason, a bank should withhold payment when it has notice, as in this case, not merely that the title to the fund is in question, but that it has been deposited without the authority of the owner, with the fraudulent intent on the part of a trustee .or agent to convert to his. own use funds placed with him in…
2Cases cited13 opinions
- Pollock v. Farmers' Loan & Trust Co.Supreme Court of the United States · 1895
- Downes v. BidwellSupreme Court of the United States · 1901
- Pollock v. Farmers' Loan & Trust Co.Supreme Court of the United States · 1895
- Union Stock Yards Bank v. GillespieSupreme Court of the United States · 1890
- Town of Durham v. Richmond & Danville RailroadSupreme Court of North Carolina · 1893
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