Clendening v. Red River Valley National Bank
North Dakota Supreme Court
Appeal from District Court, Cass County; Charles A. Pollock, J. Action by A. E. Clendening, trustee of Thomas Kleinogel, bankrupt, against the Red River Valley National Bank of Fargo. Judgment for plaintiff. Defendant appeals. A bank may require written authority from a customer for payment, or transfer of his account, certainly when “subject to check,” before it is called upon to make a distribution of it.
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Appeal from District Court, Cass County; Charles A. Pollock, J. Action by A. E. Clendening, trustee of Thomas Kleinogel, bankrupt, against the Red River Valley National Bank of Fargo. Judgment for plaintiff. Defendant appeals. A bank may require written authority from a customer for payment, or transfer of his account, certainly when “subject to check,” before it is called upon to make a distribution of it. Aetna National-Bank v. Fourth National Bank, 46 N. Y. 82, p. 88. A bank has a right to select its customers, and was under no obligation to open an account with the plaintiff on his…
1Opinion of the CourtYoung, C. J.
The plaintiff is the trustee in bankruptcy of Thomas Kleinogel, who was adjudged a voluntary bankrupt by the United States District Court for the Southeastern District of North Dakota on January 2, 1901. This action was instituted in the district court of Cass county on March 28,1901, to recover from the defendant bank the sum of $817.45, which the trustee claims was due to the bankrupt at the date of filing his petition. This sum consists of two items, which are set forth in the complaint as separate causes of action. The first consists of a balance of $158.43, which the bankrupt had on…
2Cases cited8 opinions
- Bailey v. GloverSupreme Court of the United States · 1875
- Wiswall v. CampbellSupreme Court of the United States · 1876
- Forgy v. FieldCourt of Appeals for the Ninth Circuit · 1900
- In re CovingtonDistrict Court, E.D. North Carolina · 1901
- In re EaglesDistrict Court, E.D. North Carolina · 1900
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3Cited by19 opinions
- De Watteville v. SimsSupreme Court of Oklahoma · 1914
- McCulloch v. Davenport Savings BankDistrict Court, S.D. Iowa · 1915
- Bloch v. Mill Factors CorporationCourt of Appeals for the Second Circuit · 1941
- Stearns Salt & Lumber Co. v. HammondCourt of Appeals for the Sixth Circuit · 1914
- Lincoln v. People's Nat. BankDistrict Court, E.D. Michigan · 1919
14 more not listed; retrieve them via the Exa API.