Billingsley v. Pollock
Mississippi Supreme Court
Prom the chancery court of Washington county. Hon. W. R. Trigg, Chancellor. The appellant, Lizzie A. Billingsley, living in Arkansas, forwarded for collection to the Bank of Greenville, in this state, a note for $1,000, the maker of which lived in or near Greenville. The note was duly presented to the maker, and paid by the check on said bank of one Evans, who had ample funds on deposit.
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Prom the chancery court of Washington county. Hon. W. R. Trigg, Chancellor. The appellant, Lizzie A. Billingsley, living in Arkansas, forwarded for collection to the Bank of Greenville, in this state, a note for $1,000, the maker of which lived in or near Greenville. The note was duly presented to the maker, and paid by the check on said bank of one Evans, who had ample funds on deposit. The note was canceled and surrendered» the check of Evans charged to his account, and the bank remitted for the collection its check on its New York correspondent. But on the day of such remittance the bank…
1Opinion of the CourtCampbell, C. J.
In Ryan v. Paine, 66 Miss., 678, we held that parties who sent a claim to a bank “ for collection,” which the bank collected by taking the check of the debtor on itself, the debtor having no money in the bank, but merely becoming the bank’s debtor by this overdraft, after the insolvency of the bank was declared, had the right to treat their debtor as still such, and enforce their claim to what he owed tbe bank for account of this transaction.
In Kinney v. Paine, 68 Miss., 258, we held that parties who had sent their claim to an insolvent bank for collection, and which it collected by a check…
2Cases cited2 opinions
- Kinney v. PaineMississippi Supreme Court · 1890
- Wm. Ryan & Sons v. PaineMississippi Supreme Court · 1889
3Cited by11 opinions
- Citizens Bank v. Bradley, ExaminerSupreme Court of South Carolina · 1926
- Pollak Bros. v. Niall-Herin Co.Supreme Court of Georgia · 1911
- Corporation Commission v. Bank.Supreme Court of North Carolina · 1905
- Bishop v. MahoneySupreme Court of Minnesota · 1897
- First State Bank of Bristow v. O'BannonSupreme Court of Oklahoma · 1928
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