Schmidt v. Barker
Supreme Court of Louisiana
Ü. PPEAL from the Sixth District Court of New Orleans, Leaumont, J. 1. A stim of money deposited with a banker is not a real deposit. L. C. 2904. The only real deposit. L. C. 2934. 2. Money thus deposited is “a loan for use” to the banker. See L. C. 2883, 2884; Story on Bailments, g 64, p. 65; Matthews, Finley & Go. v. Their Creditors, 10 An. 342; Sims v. Bean, 10 An. 346; Grant on Banking, page 1. 3. Loan for use transfers the property to the loanee.
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Ü. PPEAL from the Sixth District Court of New Orleans, Leaumont, J. 1. A stim of money deposited with a banker is not a real deposit. L. C. 2904. The only real deposit. L. C. 2934. 2. Money thus deposited is “a loan for use” to the banker. See L. C. 2883, 2884; Story on Bailments, g 64, p. 65; Matthews, Finley & Go. v. Their Creditors, 10 An. 342; Sims v. Bean, 10 An. 346; Grant on Banking, page 1. 3. Loan for use transfers the property to the loanee. Troplong, Dépot, 1115, § 116; Potliier, Contract de Bienf. p. 71; Melville v. Dodge, 6 Murray, Granger and Scott; See 60 Eng. Com. Law Bep. p.…
1Opinion of the Court
Ids:dey, J.
The plaintiff claims from the defendant, as the owner of the Bank of Commerce, in New Orleans, the sum of four hundred dollars, being the balance which he avers to be due to him, on moneys deposited by him in said bank, between the 17th day of January and the 1st day of April, 1862. He complains that this balance is due and payable to him in legal tender notes of the United States, but that the said defendant has illegally and wrongfully, without his consent, caused the plaintiff’s bank book to be balanced, as a balance of account in Confederate notes, which the plaintiff himself…
2Cases cited1 opinion
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