Minnesota Mutual Life Insurance v. Tagus State Bank
North Dakota Supreme Court
From a judgment against defendant in District Court, Ward County, Leighton, Judge, defendant appeals. “Money received by a bank solely for tbe purpose of transmission to a correspondent bank becomes a special deposit.” Cutler v. American Excb. Nat. Bank, 113 N. Y. 593, é L.B.A. 328, 21 N. E. 710. “Tbe fact that money so collected bas been mingled in tbe vault with other funds of tbe bank does not alter or destroy tbe relation of bailor and bailee.” Plano Mfg.
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From a judgment against defendant in District Court, Ward County, Leighton, Judge, defendant appeals. “Money received by a bank solely for tbe purpose of transmission to a correspondent bank becomes a special deposit.” Cutler v. American Excb. Nat. Bank, 113 N. Y. 593, é L.B.A. 328, 21 N. E. 710. “Tbe fact that money so collected bas been mingled in tbe vault with other funds of tbe bank does not alter or destroy tbe relation of bailor and bailee.” Plano Mfg. Co. v. Auld, 14 S. D. 512, 86 Am. St. Kep. 769, 86 N- W. 21; 3 B. O. L. 633; Be Johnson, 103 Mich. 109, 61 N. W. 352; Wallace v. Stone,…
1Opinion of the CourtGoss, J.
This case was tried upon these stipulated facts: “It is stipulated by and between the parties to this action that on October 13, 1913, and all times mentioned in the complaint and answer in this litigation, the plaintiff was a foreign corporation, authorized to do business in the state of North Dakota, and the defendant was and is a domestic banking corporation organized under the laws of the state of North Dakota; that on or about October 13th, 1913, the Minnesota Mutual Life Insurance Company did send to the Tagus State Bank for collection two notes as follows: One note against O. J. Ness…
2Cases cited9 opinions
- State v. BickfordNorth Dakota Supreme Court · 1913
- Mutual Accident Ass'n of the Northwest v. JacobsIllinois Supreme Court · 1892
- McCarty v. KepretaNorth Dakota Supreme Court · 1913
- Cutler v. American Exchange National BankNew York Court of Appeals · 1889
- Gray v. MerriamIllinois Supreme Court · 1893
4 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Cabrera v. Thannhauser & Co.California Supreme Court · 1920
- Keith v. First National BankNorth Dakota Supreme Court · 1917
- Montana-Dakota Power Co. v. JohnsonMontana Supreme Court · 1933
- Brandenburg v. First National BankNorth Dakota Supreme Court · 1921
- McHenry County v. Northern Trust Co.North Dakota Supreme Court · 1924