Franklin Bank v. Byram
Supreme Judicial Court of Maine
On Report from Nisi Prius, Rice, J., presiding. Assumpsit. The writ contained one count for money had and received, and another for money paid, laid out and expended. A specification of plaintiffs’ claims described them as for money paid out on defendant’s checks, and they were presented.
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On Report from Nisi Prius, Rice, J., presiding. Assumpsit. The writ contained one count for money had and received, and another for money paid, laid out and expended. A specification of plaintiffs’ claims described them as for money paid out on defendant’s checks, and they were presented. After the evidence was introduced, it was agreed to submit the cause to the full Court upon the testimony, with power to draw inferences as a jury might, and if the action is maintainable, an auditor to be appointed to audit the accounts between the parties, whose report shall be final, and judgment to be…
1Opinion of the CourtAppletoN, J.
— The evidence tends satisfactorily to show that the defendant has in his hands the funds of the Franklin Bank, which its cashier permitted him to overdraw.
It is insisted that such overdrawing is a loan, and as such within the prohibition of R. S., c. 77, § 19, which forbids any bank to make any discounts without at least two responsible names as principals, sureties or indorsers, and that no action can be maintained for any funds of the bank which may be proved to be in the defendant’s hands or to have been paid on his check. But this cannot be regarded as correct. It is no part of the duty…
2Cases cited1 opinion
- Harker v. AndersonNew York Supreme Court · 1839
3Cited by3 opinions
- Prowinsky v. Second Nat. BankDistrict Court, District of Columbia · 1920
- Hennessy Bros. & Evans Co. v. Memphis Nat. BankCourt of Appeals for the Sixth Circuit · 1904
- Dowd v. . StephensonSupreme Court of North Carolina · 1890