Bank of the Republic v. Millard
Supreme Court of the United States
In error.to the Supreme Court of the District of Columbia, the case being this: Millard, a captain in the military service of the United States, was, in 1865, on’leaving the service, a creditor of the government for $859, arrears of pay as captain.
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In error.to the Supreme Court of the District of Columbia, the case being this: Millard, a captain in the military service of the United States, was, in 1865, on’leaving the service, a creditor of the government for $859, arrears of pay as captain. In settlement of this account the proper paymastér of the army drew and issued a check for that sum upon The National Bank of the Republic, a depositary of public moneys and financial agent of the United States, for the "custody, transfer, and disbursement of the government funds, having funds for the payment of the check. The bank, as testimony…
1Opinion of the CourtJustice Davis
The only question presented by the record which it is material to notice is this: Can the holder of a bank check sue the bank for refusing payment, in the absence of proof that it was accepted by the bank, or charged against the drawer?
It is no longer an open question in this court, since the decision in the cases of The Marine Bank v. The Fulton Bank † and of Thompson v. Riggs, ‡ that the relation of banker and customer, in their pecuniary dealings, is that of debtor and creditor. It is an important part of the business of banking to receive deposits, but when they are received, unless there…
2Cases cited2 opinions
- M'culloch v. State of MarylandSupreme Court of the United States · 1819
- Dykers v. Leather Manufacturers' BankNew York Court of Chancery · 1845
3Cited by140 opinions
- Burton v. United StatesSupreme Court of the United States · 1905
- New York County National Bank v. MasseySupreme Court of the United States · 1904
- Farmers & Merchants Bank of Monroe v. Federal Reserve Bank of RichmondSupreme Court of the United States · 1923
- Basket v. HassellSupreme Court of the United States · 1883
- Fourth Street Bank of Philadelphia v. YardleySupreme Court of the United States · 1897
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