Legal Opinion · Dissent

Bonham, Admr. v. Chowning, Rec.

Indiana Court of Appeals

Decided March 29, 1935No. 15,048Published

1DissentKime, J.

I am compelled to dissent for the following reasons:

There are but two kinds of bank deposits — special and general. A special account is one that is made for a special purpose, and is the result of a special undertaking, and such a deposit creates the relationship of trustee or bailee on the part of the bank of such fund. On the other hand, a general deposit creates the relationship of debtor and creditor between the bank and the depositor. It, therefore, follows that a special deposit is a deposit in a specific sum for a specific purpose. (Our italics.) City National Bank of Auburn v. Brink…

2Cases cited8 opinions

  1. Tatum v. Commercial Bank & Trust Co.Supreme Court of Alabama · 1915
  2. Nashua River Paper Co. v. LindsayMassachusetts Supreme Judicial Court · 1922
  3. Webb v. John Hancock Mutual Life InsuranceIndiana Supreme Court · 1904
  4. Gibson v. StateSupreme Court of Alabama · 1915
  5. Evans v. Queen InsuranceIndiana Court of Appeals · 1892

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