Bank of Commerce v. Harrison
New Mexico Supreme Court
Appeal from the District Court of Bernalillo county; before J. W. Ciiumpacker, A. J. STATEMENT OP THE CASE. This is an appeal from a judgment recovered by Harrison, against the Bank of Commerce, for the sum of seven thousand nine hundred and ninety-three dollars and thirty-three cents, on a certificate of deposit issued, by the bank to Harrison.
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Appeal from the District Court of Bernalillo county; before J. W. Ciiumpacker, A. J. STATEMENT OP THE CASE. This is an appeal from a judgment recovered by Harrison, against the Bank of Commerce, for the sum of seven thousand nine hundred and ninety-three dollars and thirty-three cents, on a certificate of deposit issued, by the bank to Harrison. In December, 1890, George W. Harrison, the appel-lee, deposited with the Bank of Commerce, the appellant, the sum of five thousand dollars, and received from the bank a certificate of deposit therefor, in the following form: “The Bank of Commerce,…
1Opinion of the Court
OPINION OP THE COURT.
McMILLAN, J.
1 The transaction of Harrison with the bank, upon which the certificate in question was issued, was a deposit, and not a loan. The certificate so stated on its face: “This certifies that Dr. Q-. W. Harrison has deposited, etc.,” and it was so recognized by the parties to the transaction; this cause must therefore be considered and disposed of on this basis. The rule Avhich applies to negotiable instruments should not be invoked with reference, to a certificate of deposit, until the certificate has been indorsed and transferred by the original holder; then a…
2Cases cited7 opinions
- Payne v. . GardinerNew York Court of Appeals · 1864
- Pardee v. . FishNew York Court of Appeals · 1875
- Howell v. . AdamsNew York Court of Appeals · 1877
- Munger v. . Albany City National BankNew York Court of Appeals · 1881
- Smiley v. . FryNew York Court of Appeals · 1885
2 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Verdi v. Helper State BankUtah Supreme Court · 1921
- Landreth v. First National Bank of Cleburne CountyCourt of Appeals for the Eighth Circuit · 1995
- Schoonover v. CaudillNew Mexico Supreme Court · 1959
- Allison v. First National Bank in AlbuquerqueNew Mexico Court of Appeals · 1973
- Luna v. MontoyaNew Mexico Supreme Court · 1919
5 more not listed; retrieve them via the Exa API.