Callaham v. Bank of Anderson
Supreme Court of South Carolina
Before DanTzuEr, J., Anderson, October, 1903. Action by John R. Callaham against Bank of Anderson. From Circuit order sustaining demurrer to defendant’s answer, defendant appeals. cite: Relation between bank and depositor is that of creditor and debtor, and bank may dedzict from depositor’s account amounts due it: 45 S. C., 5G3; Morse on Banks, 4 ed., 289, 324, 325, 329, 330, 337; 2 Ency., 1 ed., 93, 97; 3 Ency., 2 ed., 826, 835, 836; 32 E. R. A., 568; 84 N. Y., 149; 104 U.…
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Before DanTzuEr, J., Anderson, October, 1903. Action by John R. Callaham against Bank of Anderson. From Circuit order sustaining demurrer to defendant’s answer, defendant appeals. cite: Relation between bank and depositor is that of creditor and debtor, and bank may dedzict from depositor’s account amounts due it: 45 S. C., 5G3; Morse on Banks, 4 ed., 289, 324, 325, 329, 330, 337; 2 Ency., 1 ed., 93, 97; 3 Ency., 2 ed., 826, 835, 836; 32 E. R. A., 568; 84 N. Y., 149; 104 U. S., 54; 42 U. S., 235; 179 U. S., 591; 32 S. E., 887; 89 N. W., 1031; 42 N. W., 434; 35 Atl., 792; 66 S. W., 33; 4 Am.…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Gary.
The plaintiff, in his first cause of action, - alleges that he was a depositor with the defendant, and drew a check on it in favor of S. E. Royster Guano Co. for $300, which the bank refused to honor, although there were funds to his credit on his deposit account; that he was compelled to take up this check, and by the action of the bank was damaged in the sum of $5,000.
The second cause of action is substantially the same, except the further allegations that he was so seriously in jured in his business and reputation as to be compelled…
2Cited by8 opinions
- Livingstain v. Columbian Banking & Trust Co.Supreme Court of South Carolina · 1907
- Bank of Spartanburg v. MahonSupreme Court of South Carolina · 1907
- Calmenson Clothing Co. v. First National Bank & Trust Co.South Dakota Supreme Court · 1935
- Carolina Life Ins. Co. v. Bank of GreenwoodSupreme Court of South Carolina · 1950
- Hiller v. Bank of ColumbiaSupreme Court of South Carolina · 1912
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