Wright v. Paine
Supreme Court of Alabama
Appeal from DeKalb Circuit Court. Tried before Hon. Louis Wyeth. The appellant, William H. Wright, brought this action, on the 17th day of November, 1874, against the appellee, Benjamin E. Paine, as the administrator de bonis non of the estate of William O. Winston, deceased, and sought to recover on the following receipts, to-wit : “Deposited with me, for safe keeping, by William H. Wright, eight hundred and five dollars ($805) in gold, which I am to return whenever called…
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Appeal from DeKalb Circuit Court. Tried before Hon. Louis Wyeth. The appellant, William H. Wright, brought this action, on the 17th day of November, 1874, against the appellee, Benjamin E. Paine, as the administrator de bonis non of the estate of William O. Winston, deceased, and sought to recover on the following receipts, to-wit : “Deposited with me, for safe keeping, by William H. Wright, eight hundred and five dollars ($805) in gold, which I am to return whenever called for, this 4th day of November, 1857. (Signed) ¥s. O. Winston.” Upon this receipt was the following endorsements:…
1Opinion of the CourtBrickell, C. J.
“ In the ordinary cases of deposits of money with banking corporations, or bankers, the transaction amounts to a mere loan or mutuum, or irregular deposit, and the bank is to restore, not the same money, but an equivalent sum, whenever it is demanded.” — Story on Bailments, § 80; Wray v. Tuskegee Ins. Co., 34 Ala. 58. It is insisted for the appellant, there is a distinction betwoen a deposit with banks or bankers, and with an individual not engaged in banking. While a deposit with the one, not expressed, or shown by circumstances to have been a special •deposit, will from the nature and…
2Cases cited5 opinions
- Commercial Bank v. HughesNew York Supreme Court · 1837
- Owen v. HendersonSupreme Court of Alabama · 1845
- Wray v. Tuskegee InsuranceSupreme Court of Alabama · 1859
- Kimbro v. WallerSupreme Court of Alabama · 1852
- Derrick v. BakerSupreme Court of Alabama · 1839
3Cited by24 opinions
- Gossard v. GossardCourt of Appeals for the Tenth Circuit · 1945
- State v. BickfordNorth Dakota Supreme Court · 1913
- Provident Life Accident Ins. Co. v. HeidelbergSupreme Court of Alabama · 1934
- Hall v. HallSupreme Court of Alabama · 1966
- Blalock v. StateSupreme Court of Georgia · 1928
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