Mirtha G. Fish Dunn and John S. Dunn and Waggoner Carr, Attorney General of the State of Texas v. The Bank of Nova Scotia

The question in this case turns on where an obligation of the bank was performable but this depends on whether the agreement between the depositors and the bank was a usual deposit agreement. We agree with the District Court that it was. The agreement entitled “Joint Deposit Agreement”, was between the bank and Mr. and Mrs. Fish, residents of Texas, whereunder certain sums in United States dollars were deposited in the Toronto branch of appellee bank. The agreement provided that in the event of the death of one of the joint depositors, the other might withdraw the sums deposited “ * * *…