American Nat. Bank v. Fidelity & Deposit Co.
Supreme Court of Georgia
Complaint. Before Judge Hodges. City court of Macon. January 31, 1906. The Eidelity and Deposit Company of Maryland, hereinafter called the Eidelity Co., brought separate actions against tbe American National Bank of Macon, Ga., hereinafter called the National Bank, and against the Exchange Bank of Macon, Ga., hereinafter designated as the Exchange Bank, alleging substantially the same matters of complaint in both petitions.
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Complaint. Before Judge Hodges. City court of Macon. January 31, 1906. The Eidelity and Deposit Company of Maryland, hereinafter called the Eidelity Co., brought separate actions against tbe American National Bank of Macon, Ga., hereinafter called the National Bank, and against the Exchange Bank of Macon, Ga., hereinafter designated as the Exchange Bank, alleging substantially the same matters of complaint in both petitions. In each case the defendant bank filed general and special demurrers, which demurrers were overruled, and the defendants excepted. The issues presented by tlie bills of…
1Opinion of the CourtBeck, J.
(After stating the facts.)
1. In the absence of notice or knowledge, a bank can not question the right of'a customer to withdraw a fund, nor refuse the demands of the depositor by check; and it is also true that if money be deposited by one as trustee, the depositor as trustee has the right to withdraw it, and, in the absence of knowledge or notice to the contrary, the bank would have a right to presume that the trustee would appropriate the money, when drawn, to a proper use; but it is also true that if a bank has notice or knowledge that a "breach of trust, is being committed by the improper…
2Cases cited5 opinions
- Duckett v. National Mechanics' BankCourt of Appeals of Maryland · 1897
- Orem v. WrightsonCourt of Appeals of Maryland · 1879
- American Bonding Co. v. National Mechanics BankCourt of Appeals of Maryland · 1903
- Rodman v. SandersSupreme Court of Arkansas · 1884
- Slack v. ThackerIndiana Supreme Court · 1882
3Cited by35 opinions
- Allen v. Puritan Trust Co.Massachusetts Supreme Judicial Court · 1912
- Crawford v. CrawfordSupreme Court of Georgia · 1910
- Fidelity & Deposit Co. v. Queens County Trust Co.New York Court of Appeals · 1919
- United States Fidelity & Guaranty Co. v. People's BankTennessee Supreme Court · 1913
- American National Bank v. Fidelity & Deposit Co.Supreme Court of Georgia · 1909
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