Union Trust Co. v. Preston National Bank
Michigan Supreme Court
Error to Wayne; Donovan, J. Assumpsit by the Union Trust Company, receiver of the City Savings Bank of Detroit, against the Preston National Bank of Detroit, to recover the amount of a deposit. From a judgment for plaintiff on verdict directed by the court, defendant brings error.
1Opinion of the CourtCarpenter, J.
Plaintiff brought this suit to recover a conceded balance of #21,585.11 owing by defendantto the City Savings Bank at the time plaintiff was appointed receiver. Defendant sought to set off against this indebtedness the sum of #100,000, represented by a check drawn on said City Savings Bank January 24, 1902, by F. C. Andrews, payable to defendant’s order, and certified in due form by the teller of the insolvent bank. It appeared that, at the time this check was certified, its maker, Andrews, instead of having funds to his credit in said bank, had overdrawn his account, as shown by the bank’s…
2Cases cited26 opinions
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