Guignon v. First National Bank
Montana Supreme Court
Appeal from District Court, Lewis and Clarke County H. C. Smith, Judge. Action by Charles Guignon against the First National Bank, of Helena and another. There was a judgment for plaintiff,., and all parties appeal. Statement of the case by the Justice delivering the opinion..
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Appeal from District Court, Lewis and Clarke County H. C. Smith, Judge. Action by Charles Guignon against the First National Bank, of Helena and another. There was a judgment for plaintiff,., and all parties appeal. Statement of the case by the Justice delivering the opinion.. On August 8, 1896, plaintiff deposited with the First National Bank of Helena; Mont, (hereinafter called the “National Bank”) a draft for £400 on the Standard Bank of" South Africa, of London, England, with instructions to col- • lect it, and notify him. At this time, and thereafter until September 4, 1896,' the…
1Opinion of the CourtBrantly, C. J.
The defendants assign as error that the' facts found will not support the judgment. The plaintiff insists that he should be allowed interest.
It will be seen from the statement of facts that the relations of principal and agent was established between the plaintiff and the National Bank by the transaction between them on-August 8, 1,896. The draft was deposited with directions to-collect and notify plaintiff, and not for credit. Though the-plaintiff at that time had an open account with the bank subject to check, this fact is of no weight in view of the specific directions given by him.…
2Cases cited9 opinions
- Commercial Bank of Pa. v. ArmstrongSupreme Court of the United States · 1893
- Ward v. SmithSupreme Court of the United States · 1869
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- First National Bank v. First National BankIndiana Supreme Court · 1881
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