Legal Opinion

Clay City National Bank v. Conlee

Court of Appeals of Kentucky

Decided June 9, 1899PublishedCited by 3 opinions

Case 99 — ACTION ON CHECK APPEAL FROM POWELL CIRCUIT COURT. 1. The amended reply was a departure from the original cause of action and should not have been permitted to be filed. 2. The agreement of the bank is to pay its depositors at its banking house and not elsewhere.' Branch v. Dotson, 33 Minne., 399. 3. In the absence of special directions as 'to how money should be transmitted the bank had the right to use any proper means to effect the object. 1 Am. & Eng.

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Case 99 — ACTION ON CHECK APPEAL FROM POWELL CIRCUIT COURT. 1. The amended reply was a departure from the original cause of action and should not have been permitted to be filed. 2. The agreement of the bank is to pay its depositors at its banking house and not elsewhere.' Branch v. Dotson, 33 Minne., 399. 3. In the absence of special directions as 'to how money should be transmitted the bank had the right to use any proper means to effect the object. 1 Am. & Eng. Ency. of Law, 353 and notes, 355; Same, vol. 5, 573, 574; 3 Dana) 205; 10 Bush, 344; 5 Dana, 173. 4. There is no evidence in 'the…

1Opinion of the Court

JUDGE PAYNTER

delivered the opinion of the court.

Cole & Rigsby bad money deposited to their credit in the appellant bank, and they drew a check on it for $100; *789and the appellee, Conlee, was the holder of it. The bank was located at Clay City, Powell county, Ky.; and the appellee seems to have lived at Swampton, Magoffin county, Ky. He wrote the- appellant, and inclosed the check, with directions to send him cash for same; and, having failed to receive it, he sued the bank, alleging that it was indebted to him on account of its failure to send him the money.

The bank filed an answer, in Which it…

2Cited by3 opinions

  1. Herring-Marvin Co. v. SmithOregon Supreme Court · 1903
  2. Commonwealth v. AdairCourt of Appeals of Kentucky · 1905
  3. Althouse v. McMillanMichigan Supreme Court · 1903

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