Legal Opinion
Akron Coal Co. v. Fulton, Supt.
Ohio Court of Appeals
Decided November 25, 1935No. 2534, 2544, 2545, 2546, 2516, 2549 & 2553PublishedCited by 2 opinions
1Opinion of the Court
OPINION
By WASHBURN, J.
There is a principle of law that is decisivo of all of these cases, and that principle is the application of the answer to the following question:
Where the relation between a bank and its depositor is one of debtor and creditor, and the bank, although specifically required by statute to do so, refuses to pay the depositor on demand, and thereafter the bank is taken over for liquidation by the superintendent of banks, will a court of equity, by applying the principle of regarding that as done which should have been done, decide that the wrongful refusal of the bank to…
2Cases cited16 opinions
- Casey v. CavarocSupreme Court of the United States · 1878
- Blakey v. BrinsonSupreme Court of the United States · 1932
- Comstock v. . HierNew York Court of Appeals · 1878
- Beard v. Independent Dist. of Pella CityCourt of Appeals for the Eighth Circuit · 1898
- Hecker-Jones-Jewell Milling Co. v. Cosmopolitan Trust Co.Massachusetts Supreme Judicial Court · 1922
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3Cited by2 opinions
- Goodyear Tire & Rubber Co. v. FultonOhio Court of Appeals · 1937
- In re Desert Village Ltd. PartnershipUnited States Bankruptcy Court, N.D. Ohio · 2005