National Gold Bank & Trust Co. v. McDonald
California Supreme Court
Appeal from the District Court, Fourth Judicial District, City and County of San Francisco. Action' to recover the sum of seven hundred and eighty-five dollars which the defendant had drawn out of the bank. The defendant claimed that the check spoken of in the opinion had paid the amount. The defendant had judgment and the plaintiff appealed. The other facts are stated in the opinion.
1Opinion of the Court
By the Court, Crockett, J.:
The defendant and one Barton kept each a general deposit account with the plaintiff, a banking corporation doing a general banking business; and the account of the defendant being overdrawn, he was notified by the plaintiff to make it good. While the account remained thus overdrawn the defendant, on the 22d of May, sold to Barton certain mining stocks, and on that day received from him therefor, Barton’s check on the plaintiff for seven hundred and eighty-five dollars. About two o’clock of the same day, the defendant presented the check with his pass-book to the…
2Cases cited1 opinion
- Oddie v. . the Nat. City Bank of New YorkNew York Court of Appeals · 1871
3Cited by22 opinions
- National Bank of California v. MinerCalifornia Supreme Court · 1914
- City National Bank v. BurnsSupreme Court of Alabama · 1880
- Acme Hay & Mill Feed Co. v. Metropolitan National BankSupreme Court of Iowa · 1924
- Larrus v. First National Bank of San Mateo CountyCalifornia Court of Appeal · 1954
- Commonwealth v. Reading Savings BankMassachusetts Supreme Judicial Court · 1882
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