Boyden v. President of the Bank
Supreme Court of North Carolina
This was a civil action brought by the plaintiff to recover from the defendant the balance of a general deposit account kept between him and the branch bank of the defendant at Salisbury.
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This was a civil action brought by the plaintiff to recover from the defendant the balance of a general deposit account kept between him and the branch bank of the defendant at Salisbury. On the trial at the last Term of the Superior Court of the County of Eowaít, before his Honor, Henry, <7., it appeared that the plaintiff, in March, 1864, carried a notice, published by the defendant in the “ Carolina Watchman,” for all its depositors to withdraw their deposits by a certain time, exhibited it to the Cashier, and demanded of him his deposit as it appeared on the bank book of the plaintiff,…
1Opinion of the CourtHick, J.
There was an ordinary deposit account running “between the plaintiff and defendant before and during the war, and this action was brought to adjust the matter, and recover the net balance due him.
If the mutual dealings between the parties had been in par funds,there would have been no difficulty in ascertaining the proper balances, as the books of the Bank and the Bank book of. the plaintiff correspond in items and amounts.
The ordinary relation subsisting at common law between a bank and its customers, on a general deposit account, is simply, that of debtor and creditor. Grant on Banking, 2.
Th…
2Cases cited2 opinions
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- Trustees v. . Banking Co.Supreme Court of North Carolina · 1921
- Lipe v. Guilford National BankSupreme Court of North Carolina · 1952
- Brahm v. AdkinsIllinois Supreme Court · 1875
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