Legal Opinion

Hiller v. Bank of Columbia

Supreme Court of South Carolina

Decided September 18, 1912No. 8318PublishedCited by 4 opinions

Before Spain, J., Richland, April term, 1912. Action by Nannie E. Hiller against Bank of Columbia'. Defendant appeals. cites: Bank may apply deposits to payment of depositor’s debts due: 3 Ency. 835; 69 S. C. 383; 4 Dud. 524'; 124 Fed. 61; 6 Cent.

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Before Spain, J., Richland, April term, 1912. Action by Nannie E. Hiller against Bank of Columbia'. Defendant appeals. cites: Bank may apply deposits to payment of depositor’s debts due: 3 Ency. 835; 69 S. C. 383; 4 Dud. 524'; 124 Fed. 61; 6 Cent. Dig. 1244; 192 U. S. 145; 111 U. S. 125. Party beneficially interested: 104 U. S. 54; 26 S. C. 548. It is a misdemeanor to draw check without funds: 77 U. S. 647; 26 Stat. 18. Administrator’s mere description of person: 2 Morse on Bank, sec. 604; 130 Penn. St. 419; 88 Pac. 975; Cros. on Exors. and Admr., sec. 196D; 136 Mass. 119. cite: Can bank…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Woods.

The complaint in this action alleges that the plaintiff deposited with the defendant bank two hundred dollars on April 19, 1909, which the defendant refused to pay on demand. The answer admitted the deposit, but alleged that the deposit was drawn out by the plaintiff before the commencement of the action. The answer also contained a number of allegations charging that the plaintiff, as administratrix of her husband’s estate or executrix of his will, had mingled funds of that estate with her own in her bank account and had drawn them…

2Cases cited4 opinions

  1. Crumlish's Adm'r v. Cent. Imp. Co.West Virginia Supreme Court · 1893
  2. Simmons &c. Co. v. Bank of GreenwoodSupreme Court of South Carolina · 1894
  3. Callaham v. Bank of AndersonSupreme Court of South Carolina · 1904
  4. Bank of Spartanburg v. MahonSupreme Court of South Carolina · 1907

3Cited by4 opinions

  1. Carolina Life Ins. Co. v. Bank of GreenwoodSupreme Court of South Carolina · 1950
  2. Nauful v. National Loan & Exchange BankSupreme Court of South Carolina · 1919
  3. Southern Trust Co. v. WilkinsSupreme Court of South Carolina · 1915
  4. State Ex Rel. Craig v. Mutual Savings BankSupreme Court of South Carolina · 1926

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