Hodgin v. Peoples' National Bank
Supreme Court of North Carolina
Civil ActioN upon a money demand for the recovery of deposits alleged to have been misapplied, tried before M cl ver, J., at August Term, 1898, of Forsyth Superior Court. The plaintiff is surviving partner of the firm of Hodgin Bros. & Lunn, composed of himself and L. L. Lunn.
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Civil ActioN upon a money demand for the recovery of deposits alleged to have been misapplied, tried before M cl ver, J., at August Term, 1898, of Forsyth Superior Court. The plaintiff is surviving partner of the firm of Hodgin Bros. & Lunn, composed of himself and L. L. Lunn. The firm became indebted to the banlc in the sum of $5,800, and effected a compromise at 50 per cent., and executed a note at the bank for $2,900, dated December 5, 1893, payable six months after date, with privilege of renewal. On 16th March, 1896,L. L. Lunn died, and plaintiff,Hodgin, as surviving partner proceeded to…
1Opinion of the CourtOlaeic, J.
A bank has the right to apply the debt due by it for deposits to any indebtedness by the depositor, in the *542same right, to the bank, provided, such indebtedness to the bank has matured. Bank v. Hill, 76 Ind., 223; Knapp v. Cowell, 77 Iowa, 528; Coates v. Preston, 105 Ill., 470; Bank v. Bowen, 21 Kansas, 354; Clark v. Bank, 160 Mass., 26; Bank v. Armstrong, 15 N. C., 519; Muench v. Bank, 11 Mo. App., 144; Morse on Banks, Section 324; Bank v. Hughes, 17 Wend., 94; Eyrich v. Bank, 67 Miss., 60. Even if the indebtedness to the bank has not matured, if the depositor becomes insolvent, the bank by…
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- Commercial Bank v. HughesNew York Supreme Court · 1837
- Nashville Trust Co. v. BankTennessee Supreme Court · 1892
- Coates v. PrestonIllinois Supreme Court · 1882
- Second Nat'l Bank v. HillIndiana Supreme Court · 1881
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